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DEAN v. CITY COURT OF CITY OF TUCSON

Nos. 2 CA-CV 88-0327, 2 CA-CV 88-0328.

161 Ariz. 414 (1989)

778 P.2d 1310

The STATE of Arizona ex rel. Frederick S. DEAN, Tucson City Attorney, Plaintiff/Appellee, v. The CITY COURT OF the CITY OF TUCSON, and the Honorable Rita Jett, a magistrate thereof, Respondents, Raymond M. KRUGER and George Pacheco, Real Parties in Interest/Appellants.

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

Redesignated as Opinion and Publication Ordered March 16, 1989.

Review Denied September 19, 1989.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by R. William Call, Tucson, for plaintiff/appellee.

Law Office of Dunscomb and Shepherd, P.C. by Robb P. Holmes, Tucson, for real parties in interest/appellants.

OPINION

FERNANDEZ, Judge.

The sole issue raised in these consolidated cases is whether appellants' lack of counsel in their prior convictions for driving under the influence of intoxicating liquor (DUI) may be collaterally attacked when the convictions are used to enhance the sentence in their present DUI convictions.

In February 1987, appellant Raymond Kruger was arrested for driving under the influence and driving with a blood alcohol content greater...

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