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STATE v. ARMSTRONG

No. 1 CA-CR 88-347.

160 Ariz. 159 (1989)

771 P.2d 889

STATE of Arizona, Appellant, v. Robert Lee ARMSTRONG, Appellee.

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

April 4, 1989.

Attorney(s) appearing for the Case

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

Dean W. Trebesch, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellee.

OPINION

FIDEL, Judge.

The state appeals from the trial court's order dismissing two felony drunk driving charges against Robert Lee Armstrong pursuant to Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The trial court declined to exclude from its calculation of elapsed time the delay that resulted from the inability of the state to serve defendant with the summons. The state...

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