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STATE EX REL. DEAN v. CITY COURT

No. 2 CA-CV 89-0040.

163 Ariz. 366 (1989)

788 P.2d 99

STATE of Arizona, ex rel., Frederick S. DEAN, City Attorney for the City of Tucson, Plaintiff/Appellant, v. The CITY COURT OF the CITY OF TUCSON, the Honorable Thomas G. Martin, a Magistrate thereof, and Mark Wilson, Edward J. Davis, Mathew Finlay, Glen Barkyoumb, James Balkow and Robert M. Perea, Real Parties in Interest, Defendants/Appellees.

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

Review Granted February 6, 1990.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by Christopher L. Straub, Tucson, for plaintiff/appellant.

David M. Gerson, Tucson, for appellee Wilson.

Dunscomb & Shepherd, P.C. by Paul J. Gattone, Tucson, for appellee Davis.

Christopher M. O'Connell, Tucson, for appellee Finlay.

Martin & Mohling by T. Andrew Mohling, Tucson, for appellee Barkyoumb.

Gaila Davis, Tucson, for appellee Balkow.

Stephen Bergsten, Tucson, for appellee Perea.

HOWARD, Judge.

This is an appeal from the denial of special action relief. The state filed a motion in limine to determine the admissibility of the breath test administered to the appellees in order to permit the state to use the results at trial. The appellees filed motions to suppress. After taking evidence the magistrate denied the state's motion to permit the use of the intoxilyzer breath results at trial. The state then filed a complaint for special action relief...

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