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STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 91-320.

172 Ariz. 153 (1992)

835 P.2d 485

The STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF MARICOPA, the Honorable Joseph D. Howe, a judge thereof, Respondent, James Carl WEANT, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department D.

Redesignated as Opinion and Publication Ordered July 30, 1992.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Gregory L. Hanchett, Asst. City Prosecutor, Phoenix, for petitioner.

Mark S. Williams, Peyton A. Kerr, III, Phoenix, for Real Party in Interest.

OPINION

TAYLOR, Presiding Judge.

This special action petition has been considered by the court, Presiding Judge John F. Taylor and Judges Rudolph J. Gerber and Susan A. Ehrlich participating.

The State of Arizona ("State") brought this petition for special action when the Maricopa County Superior Court affirmed the Phoenix Municipal Court magistrate's suppression of blood and breath tests of respondent and real party in interest James Carl Weant...

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