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STATE EX REL. McDOUGALL v. CORCORAN

No. CV-86-0491-SA.

153 Ariz. 157 (1987)

735 P.2d 767

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. The Honorable Robert J. CORCORAN, Judge Pro Tempore of the Superior Court of Maricopa County; and the Superior Court of the State of Arizona, in and for the County of Maricopa; M. Louis Levin, Presiding Judge, Phoenix Municipal Court, and Tedford KEEN, Jr., Real Party in Interest, Respondents.

Supreme Court of Arizona.

Reconsideration Denied May 12, 1987.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty., Michael L. Scanlan, Asst. Phoenix City Pros., Phoenix, for petitioner.

Patrick E. Eldridge, Phoenix, for real party in interest.

HOLOHAN, Justice.

We accepted jurisdiction of the State's petition for special action to resolve an evidentiary issue which has arisen in a number of cases involving prosecution for driving under the influence of intoxicating liquor. In the case at issue, respondent judge ruled that it was reversible error for the prosecutor to refer at trial to the fact that the defendant had sought and obtained a breath sample, but did...

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