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STATE EX REL. MONTGOMERY v. HARRIS

No. 1 CA-SA 12-0290.

301 P.3d 200 (2013)

STATE of Arizona ex rel. William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Myra HARRIS, Commissioner of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Commissioner, Linton Avery Maxwell, Real Party in Interest.

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

March 14, 2013.

Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney by Susan L. Luder , Deputy County Attorney, Phoenix, Attorneys for Petitioner.

Weingart Law Firm by Mark N. Weingart , Tempe, Attorneys for Real Party in Interest.

OPINION

BROWN, Judge.

¶ 1 In March 2012, Linton Avery Maxwell was convicted of extreme driving under the influence ("DUI") in the West Mesa Justice Court for an offense that occurred in January 2011. Pursuant to Arizona Revised Statutes ("A.R.S.") section 28-1382(D) (2012),1 he was therefore subject to a thirty-day jail sentence. Citing subpart (I) of the statute, which became effective...

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