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STATE v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 4797.

138 Ariz. 141 (1983)

673 P.2d 339

The STATE of Arizona, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON, the Honorable Jesse Figueroa, a Magistrate thereof, Respondent, and Alicia VIQUIEROS, Real Party in Interest/Appellee.

Court of Appeals of Arizona, Division 2.

December 2, 1983.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by Susan R. Agrillo, Tucson, for petitioner/appellant.

Kelly C. Knop, Tucson, for real party in interest/appellee.

OPINION

BIRDSALL, Judge.

The state appeals the denial of special action relief, contending that A.R.S. § 28-692 requires a court to impose a minimum mandatory $250 fine and that the fine cannot be suspended.

Appellee was arrested on November 6, 1982, for a violation of A.R.S. § 28-692, driving while under the influence. She pled no contest. The city court judge imposed the mandatory $250 fine and then suspended it, finding that appellee was...

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