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SHEPHERD v. FAHRINGER

No. CV-87-0466-PR.

158 Ariz. 266 (1988)

762 P.2d 553

John Bryant SHEPHERD, Petitioner, v. The Honorable Philip FAHRINGER, Judge of the Superior Court, in and For the County of Pima, State of Arizona, Respondent. and The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

September 27, 1988.

Attorney(s) appearing for the Case

Harold L. Higgins, Jr., Pima County Public Defender by Blaine S. Gaub, Asst. Public Defender, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by John R. Gustafson, Pima County Deputy Atty., Tucson, for real party in interest.

Roderick G. McDougall, Phoenix City Atty. by Mary G. Isban and Cynthia A. Certa, Asst. City Prosecutors, Phoenix, for amicus curiae Phoenix City Prosecutor.

Frederick S. Dean, Tucson City Atty. by R. William Call and Christopher L. Straub, Asst. City Attys., Tucson, for amicus curiae Tucson City Prosecutor.

CAMERON, Justice.

I. JURISDICTION

This is a special action brought by the defendant, John Bryant Shepherd, who was charged with driving under the influence of intoxicating liquor (DUI), A.R.S. § 28-692(A) (Supp. 1987), while his license was suspended or revoked, A.R.S. § 28-692.02 (Supp. 1987). We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and Ariz.R.Sp.Act. 8, 17A A.R.S.

II. ISSUES

The following issues must be...

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