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STATE v. MESHURLE

No. 2 CA-CR 90-0135.

164 Ariz. 405 (1990)

793 P.2d 558

The STATE of Arizona, Appellant, v. Richard MESHURLE, Appellee.

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

Redesignated as Opinion June 12, 1990.

Attorney(s) appearing for the Case

Dale K. Patton, Jr., Navajo County Atty. by Joel H. Ruechel, Holbrook, for appellant.

David J. Martin, Show Low, for appellee.

OPINION

FERNANDEZ, Chief Judge.

This appeal questions the propriety of the trial court's dismissal of a felony DUI charge pursuant to Montano v. Superior Court, 149 Ariz. 385, 719 P.2d 271 (1986). We affirm.

Appellee was arrested for felony DUI in Pinetop, Arizona in August 1988. He was transported to the Pinetop Sheriff's Office where he agreed to take an intoxilyzer test...

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