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STATE v. BERNINI

No. 2 CA-SA 2008-0078.

207 P.3d 789 (2009)

The STATE of Arizona, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Erica Lea Daughters-White; Sean Aaron Johnson; John Clifton Livingston; Myron Montana; Hilda Alday; Joni Mari Lujan; Juan Carlos Rodriguez; Cristal Mikesell; James Freeman; Martin Lee Hulett, Jr.; Johnnie Willie Treadway; Arlene Kandis Toney; James Bradley Browning; Justin Jeffrey Stevens; Romeo Alonso Rodriguez; Everett Morgan Rubio; Ricky Joseph Williams; Belinda Marie Sanchez; Jared Sherer; Laura Jean Rowell; Matthew Filip; Steven Anthony Bonin; Ryan A. Brayfield; Kasey Lach; Aaron C. Tritschler; and Martin Henry Sanders; Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied April 7, 2009.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Petitioner.

Nesci, St. Louis & West PLLC By James Nesci, Tucson, Attorneys for Real Parties in Interest.

OPINION

ESPINOSA, Judge.

¶ 1 This special action by the state arises from consolidated cases in which real parties in interest, Erica Daughters-White and twenty-four other defendants charged with driving with an alcohol concentration of .08 or more have sought production of the software configuration ("source code") of the Intoxilyzer 8000, the breath-testing equipment currently used by the Tucson Police Department. Defendants argued that they...

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