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STATE v. ESSER

No. 2 CA-CR 2001-0033.

70 P.3d 449 (2003)

205 Ariz. 320

The STATE of Arizona, Appellee, v. John Robert ESSER, Appellant. The State of Arizona, Appellee, v. Jose Munoz Vidal, Appellant.

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

May 23, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, By Randall M. Howe, Diane Leigh Hunt, and Joseph L. Parkhurst, Tucson, for Appellee.

Isabel G. Garcia, Pima County Legal Defender, By Alex Heveri, By Robb P. Holmes, Tucson, for Appellants Esser and Vidal.

OPINION

PELANDER, Presiding Judge.

BACKGROUND

¶ 1 After a jury trial, appellant John Robert Esser was found guilty of aggravated driving with an alcohol concentration of 0.10 or greater within two hours of driving in violation of A.R.S. §§ 28-1381(A)(2) and 28-1383(A)(1).1 The trial court sentenced him to an aggravated, 7.5-year term of imprisonment, enhanced by one historical prior felony conviction...

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