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BACA v. SMITH

No. 14500.

124 Ariz. 353 (1979)

604 P.2d 617

Jesus V. BACA, Petitioner, v. The Honorable Ralph G. SMITH, Judge of Division 1 of City Court, The Honorable Alan Hammond, Chief Magistrate of City Court, The City Court of Phoenix, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied January 3, 1980.

Attorney(s) appearing for the Case

Solomon, Relihan & Blake, by Martin J. Solomon, Phoenix, for petitioner.

Andy Baumert, Phoenix City Atty., by George H. Bonsall, Asst. City Prosecutor, Phoenix, for respondents.

STRUCKMEYER, Vice Chief Justice.

This special action was brought by Jesus V. Baca against respondent, The Honorable Ralph G. Smith, and others, asserting that the failure to suppress the results of a gas chromatograph intoximeter taken after an arrest for driving while under the influence of intoxicating liquor was a denial of due process of law. This Court has jurisdiction by Art. 6, § 5(4) of the Constitution of Arizona...

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