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STATE EX REL. COLLINS v. UDALL

No. 18532-SA.

149 Ariz. 199 (1986)

717 P.2d 878

STATE of Arizona, ex rel. Thomas E. COLLINS, Maricopa County Attorney, Petitioner, v. The Honorable Nicholas UDALL, Judge Pro Tempore of the Superior Court of Maricopa County, Respondent, and Ronald Seymour FLOOD, Real Party in Interest.

Supreme Court of Arizona, En Banc.

April 7, 1986.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by H. Allen Gerhardt, Deputy Maricopa Co. Atty., Phoenix, for petitioner.

Michael J. Dew, Phoenix, for real party in interest.

HOLOHAN, Chief Justice.

On May 6, 1985, defendant Ronald Seymour Flood was charged by information with driving while under the influence of intoxicating liquor with two prior convictions for the same offense within 60 months. The offense charged is a class five felony under A.R.S. §§ 28-692(A) and — 692.01(F). On December 4, 1985, Flood filed a motion for a bifurcated trial. He alleged that evidence of his two prior DWI convictions should not be admitted...

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