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STATE EX REL. McDOUGALL v. NASTRO

No. CV-90-0365-SA.

166 Ariz. 108 (1990)

800 P.2d 974

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. The Honorable Daniel E. NASTRO, Judge of the Superior Court of the County of Maricopa; the Superior Court of the County of Maricopa, Respondents, and Dorlissa J. STEIN, Real Party in Interest.

Supreme Court of Arizona, En Banc.

November 20, 1990.

Attorney(s) appearing for the Case

Kerry G. Wangberg, Phoenix City Prosecutor, Samuel K. Lesley, Asst. City Prosecutor, Phoenix, for petitioner.

Dan Roth, P.C. by Dan Roth, John Gustafson, Peyton A. Kerr, III, Scottsdale, for Dorlissa J. Stein, real party in interest.

OPINION

PER CURIAM.

On appeal from a judgment entered in Phoenix Municipal Court finding defendant guilty of driving while under the influence of intoxicating liquor and driving with a blood alcohol content of 0.10% or more, the superior court reversed and remanded with directions to enter a verdict of acquittal. The superior court judge based his ruling on the belief the 150-day arrest-to-trial rule of Hinson v. Coulter, 150 Ariz....

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