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STATE v. GIN

No. 2 CA-SA 88-0061.

158 Ariz. 202 (1988)

761 P.2d 1106

The STATE of Arizona, Petitioner, v. The Honorable Harry S. GIN, Judge of the Superior Court In and For the County of Pima, State of Arizona, Respondent, Alfredo Danny LUCERO, Real Party in Interest.

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

Review Denied October 12, 1988.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Lola C. Rainey, Tucson, for petitioner.

Harold L. Higgins, Jr., Pima County Public Defender by Blaine S. Gaub, Tucson, for real party in interest.

OPINION

LIVERMORE, Presiding Judge.

The state brings this special action to challenge the trial court's order dismissing an indictment which charged the real party in interest, Alfredo Danny Lucero, with DUI on a suspended license, a class 5 felony in violation of A.R.S. § 28-692.02(A)(1). Because the state has no equally plain, speedy or adequate remedy by appeal, Ariz.R.P.Spec. Act. 1(a), 17A A.R.S.; Hinson v. Coulter, 150...

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