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STATE v. PENNEY

No. 1 CA-CR 10-0766.

270 P.3d 859 (2012)

STATE of Arizona, Appellant, v. Michael Kevin PENNEY, Appellee.

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

January 31, 2012.

Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney By Arthur G. Hazelton, Jr. , Deputy County Attorney, Phoenix, Attorneys for Appellant.

Debus Kazan & Westerhausen, Ltd. By Tracey Westerhausen , Phoenix, Attorneys for Appellee.

OPINION

OROZCO, Judge.

¶ 1 The State appeals the trial court's order dismissing with prejudice two counts of aggravated driving under the influence of intoxicating liquor or drugs (DUI), both class four felonies, against Defendant, Michael Kevin Penney. The court found that after Penney told police he wanted to talk to a lawyer, police put him in a room with a telephone and a phonebook, but rejected his subsequent request for help after he discovered...

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