STATE v. VERMUELE

No. 2 CA-CR 88-0376.

160 Ariz. 295 (1989)

772 P.2d 1148

The STATE of Arizona, Appellant, v. Spencer Del VERMUELE, Appellee.

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

Review Denied May 23, 1989.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Hy David Rubenstein, Tucson, for appellant.

Law Office of William J. Redondo by Patrick C. Hurd, Tucson, for appellee.


OPINION

HOWARD, Judge.

The state appeals from the trial court's granting of appellee's motion to dismiss. The facts show that a little after midnight on February 24, 1988, police officers observed a vehicle which was parked illegally upon the curbside adjacent to a Tucson bar. Upon approaching the vehicle, they saw appellee engaged in boisterous conversation with two other subjects who subsequently left. They observed appellee lose his balance and noted that...

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