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CAVANAUGH v. ALFRED

No. 2 CA-SA 0396.

152 Ariz. 423 (1986)

733 P.2d 308

Fred CAVANAUGH, Petitioner, v. Hon. Michael ALFRED, Judge Pro Tem of the Superior Court, Respondent, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied November 5, 1986.

Review Denied February 18, 1987.

Attorney(s) appearing for the Case

Lieberthal & Kashman, P.C. by Howard A. Kashman, Tucson, for petitioner.

Frederick S. Dean, City Atty. by George W. Bromley, Tucson, for real party in interest.

OPINION

FERNANDEZ, Judge.

This special action arises from the trial court's denial of a motion to dismiss the state's appeal to superior court. Because it appears that this is a case of first impression and is of statewide interest to the bench and bar, we assume jurisdiction and deny relief.

Petitioner was arrested on August 1, 1985, and charged with driving while under the influence of intoxicating liquor. A.R.S. § 28-692(A). On October 2, 1985...

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