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STATE EX REL. COLLINS v. SCOTT

No. 15351.

129 Ariz. 588 (1981)

633 P.2d 397

The STATE of Arizona ex rel. Thomas E. COLLINS, Maricopa County Attorney, Petitioner, v. The Honorable Stephen SCOTT, Judge of the Maricopa County Superior Court; and Donald Phillips, real party in interest, Respondents.

Supreme Court of Arizona, En Banc.

Rehearing Denied September 10, 1981.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by Lyn D. Kane, Deputy County Atty., Phoenix, for petitioner.

Ross P. Lee, Maricopa County Public Defender by Laurie F. Shanks, Deputy Public Defender, Phoenix, for respondent Phillips.

HAYS, Justice.

This is a special action in which the State contends that the trial court abused its discretion in excluding a Motor Vehicle Division document from respondent Phillips' trial for driving without a license while intoxicated. We accept jurisdiction pursuant to Ariz.Const.art. 6, § 5, and 17A A.R.S. Rules of Procedure for Special Actions, rule 3.

On August 8, 1980 respondent/real party in interest, Donald Phillips (hereinafter "defendant"...

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