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HINSON v. COULTER

No. 18452-SA.

150 Ariz. 306 (1986)

723 P.2d 655

David T. HINSON, Petitioner, v. Hon. Rufus C. COULTER, Jr., Judge of the Superior Court, State of Arizona, in and for the County of Maricopa, Respondent, and STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, In Banc.

Reconsideration Denied September 9, 1986.

Attorney(s) appearing for the Case

Patterson & Terribile, P.A. by Daniel B. Patterson, Phoenix, for petitioner.

Thomas Collins, Maricopa County Atty. by H. Allen Gerhardt and Elizabeth A. Kolberg, Deputy Maricopa County Attys., Phoenix, for real party in interest.

CAMERON, Justice.

The defendant (petitioner), David T. Hinson, is charged with four counts of driving while intoxicated (DWI) and three counts of driving with a blood alcohol content in excess of .10 percent. A.R.S. § 28-692. The charges were all class 5 felonies, as petitioner has two prior DWI convictions. A.R.S. § 28-692.01(F). From a denial of defendant's motion to dismiss, defendant petitioned this court for a special action which we granted. We have...

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