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STATE v. FELL

No. 2 CA-SA 2002-1148.

52 P.3d 218 (2002)

203 Ariz. 186

The STATE of Arizona, Petitioner, v. Hon. Howard FELL, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Gayle Ilene Waldstein, Real Party in Interest.

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

August 22, 2002.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney, By Amy Pignatella Cain, Tucson, Attorneys for Petitioner.

Klausner/Resnick & Associates, P.C., By Mark R. Resnick, Tucson, Attorneys for Real Party in Interest.

OPINION

PELANDER, J.

¶ 1 In this special action, petitioner State of Arizona asks us to decide whether the respondent judge erred in ruling that the real party in interest Gayle Waldstein could use the necessity defense, codified in A.R.S. § 13-417, to defend against charges filed under Title 28, specifically, driving while under the influence of an intoxicant (DUI). Because this is a purely legal question of first impression in Arizona...

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