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STATE v. TARKINGTON

No. 1 CA-CR 11433.

157 Ariz. 556 (1988)

760 P.2d 556

STATE of Arizona, Appellant, v. Johnie Page TARKINGTON, Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied April 5, 1988.

Review Denied September 14, 1988.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for appellant.

Stephen M.R. Rempe, (Interim) Public Defender by John W. Rood, III, Deputy Public Defender, Phoenix, for appellee.

OPINION

KLEINSCHMIDT, Judge.

The state appeals the trial court's order dismissing a driving while intoxicated prosecution based on a violation of Rule 8, Arizona Rules of Criminal Procedure, and Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The trial court's dismissal is based upon its interpretation of Rule 8.4(a), Arizona Rules of Criminal Procedure (hereinafter "Rule 8...

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