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STATE v. CHILDRESS

No. 1 CA-CR 07-0967.

214 P.3d 422 (2009)

STATE of Arizona, Appellee, v. Cody Edward CHILDRESS, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

July 28, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, and Joseph T. Maziarz, Assistant Attorney General, and Michael Mitchell, Rule 38 Student, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Tennie B. Martin, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

KESSLER, Judge.

¶ 1 Cody Childress appeals his conviction for driving under the influence of alcohol. Childress asks this Court to find the superior court abused its discretion in denying his motion to suppress evidence obtained from what he asserts was an illegal seizure. While we agree with Childress that the superior court erred in finding the encounter was consensual, we conclude the stop was reasonable...

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