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SANFORD v. PHOENIX MUNICIPAL COURT

No. CV 86-0082-SA.

149 Ariz. 221 (1986)

717 P.2d 900

Lee A. SANFORD, Petitioner, v. The PHOENIX MUNICIPAL COURT; the Superior Court of Maricopa County; Phoenix City Prosecutor, real party in interest; State of Arizona, Respondents.

Supreme Court of Arizona, In Banc.

April 28, 1986.

Attorney(s) appearing for the Case

Baskerville Law Offices by C. Cal Baskerville, Tempe, for petitioner.

Roderick G. McDougall, Phoenix City Atty. by Suzanne M. Chynoweth, Asst. City Prosecutor, Phoenix, for respondents.

CAMERON, Justice.

This is a petition for special action brought by the defendant, Lee A. Sanford, from an order of the superior court, the Honorable Rudolph Gerber, remanding the matter to the Phoenix City Court for trial on the charge of driving while intoxicated (DWI). A.R.S. § 28-692. We have jurisdiction pursuant to art. 6, § 5(1) of the Arizona Constitution.

The issue we must decide is whether the superior court erred in reversing the city magistrate...

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