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STATE v. SCHUMANN

No. 1 CA-CR 91-0867.

173 Ariz. 642 (1993)

845 P.2d 1137

STATE of Arizona, Appellee, v. Brian SCHUMANN, Appellant.

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

January 26, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for appellant.

OPINION

KLEINSCHMIDT, Judge.

The defendant, Brian Schumann, appeals his conviction and sentence imposed following a guilty plea to aggravated driving while under the influence of intoxicating liquor, a class 5 felony. The question presented in this appeal is whether Ariz. Rev. Stat. Ann. ("A.R.S.") § 13-709(B) (1989), as interpreted by State v. Mathieu, 165 Ariz. 20, 795 P.2d 1303...

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