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STATE v. DUBER

No. 2 CA-SA 96-0094.

187 Ariz. 425 (1996)

930 P.2d 502

The STATE of Arizona, Petitioner, v. The Honorable Robert DUBER II, a Judge for The Superior Court of The State of Arizona, County of Gila, Respondent, and John D. THOMAS, Real Party in Interest.

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

Review Denied January 14, 1997.

Reconsideration Denied August 19, 1996.

Attorney(s) appearing for the Case

Jerry B. DeRose, Gila County Attorney by David P. Savel, Globe, for State.

De Ninno & Pardee by David R. Pardee, Globe, for Real Party in Interest.

PER CURIAM.

The state seeks special action relief from the respondent judge's ruling that breath test results are inadmissible in the underlying justice court DUI trial against the real party in interest. We disagree with both the respondent judge's reading of our decisions in Ciulla v. Miller ex rel. Ariz. Highway Department, 169 Ariz. 540, 821 P.2d 201 (App. 1991), and State v. Harrison...

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