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STATE v. WEISS

1 CA-SA 09-0098.

STATE OF ARIZONA, Petitioner, v. THE HONORABLE RICHARD WEISS, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MOHAVE; THE HONORABLE CLYDE ANDRESS, Magistrate of the LAKE HAVASU CITY COURT, Respondent Judges, JOHN DUNCAN GRAHAM, Real Party in Interest.

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

May 27, 2010.

Attorney(s) appearing for the Case

Paul Lenkowsky, Lake Havasu City Attorney, Lake Havasu City, By Kristin Rienfeld, Assistant City Prosecutor, Attorneys for Petitioner.

Pietig & Iannone, P.C., By Vincent A. Iannone, Jr., Lake Havasu City, Attorneys for Real Party in Interest.

OPINION

THOMPSON, Judge.

¶1 On a petition for special action, the state asserts the Lake Havasu Consolidated Court (municipal court) erred in dismissing this driving under the influence (DUI) action against John Duncan Graham (defendant) and the Mohave County Superior Court erred in affirming dismissal. For the following reasons, we accept jurisdiction and grant the state relief.

¶2 The underlying facts are stipulated...

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