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STATE v. CANNON

No. 1 CA-CR 97-0129.

963 P.2d 315 (1998)

192 Ariz. 236

STATE of Arizona, Appellant, v. Richard Lee CANNON, Appellee.

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

Redesignated as Opinion and Publication Ordered July 29, 1998.

Attorney(s) appearing for the Case

Law Offices of Weingart & Penrod by Martin G. McAuliffe, Tempe, for Appellee.

Richard M. Romley, Maricopa County Attorney by E. Catherine Leisch, Deputy County Attorney, Phoenix, for Appellant.

GARBARINO, Judge.

¶ 1 The State appeals the trial court's entry of a directed verdict in favor of Richard Lee Cannon (defendant) on one count of aggravated driving with an alcohol concentration of .10 or greater following the jury's determination of guilt. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 On April 14, 1996 at approximately 9:00 p.m., Officers Sam Palmer and Lynette Butcher stopped defendant...

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