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STATE EX REL. ROMLEY v. SUPERIOR COURT

No. CV-89-0107-PR.

162 Ariz. 302 (1989)

783 P.2d 241

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Patrick O'Neil, a judge thereof, Respondent Judge, Bert Michael CLEWELL, Real Party in Interest. Bert Michael CLEWELL, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Patrick O'Neil, judge thereof, Respondent Judge, The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, In Banc.

October 31, 1989.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Jr., Deputy County Atty., Phoenix, for petitioner.

Richard R. Brennan, Scottsdale, for real party in interest.

CAMERON, Justice.

I. JURISDICTION

This petition for review, filed by the state, challenges the trial court's dismissal of a driving under the influence of intoxicating liquor (DUI) charge (A.R.S. §§ 28-692(A), 28-692.02) against the defendant, Bert Michael Clewell, and the court of appeal's failure to accept jurisdiction of the state's petition for special action. We granted review and have jurisdiction pursuant to Ariz.Const. art. 6, § 5...

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