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STATE v. LUJAN

No. 2 CA-CR 3042.

139 Ariz. 236 (1984)

677 P.2d 1344

The STATE of Arizona, Appellee, v. Paul LUJAN, Appellant.

Court of Appeals of Arizona, Division 2.

February 28, 1984.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

John Cody, Sierra Vista, for appellant.

OPINION

HATHAWAY, Judge.

Appellant was driving on Fry Boulevard in Sierra Vista on August 26, 1982, when he was stopped by police for erratic driving. There were several passengers in the car, and the officer that stopped the car noticed several empty beer containers inside on the floor. Appellant was asked to get out of the vehicle and move to the rear, whereupon the officer noticed an odor of alcohol on appellant's breath and that appellant was "swaying...

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