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BOHSANCURT v. EISENBERG

No. 2 CA-CV 2005-0117.

129 P.3d 471 (2006)

212 Ariz. 182

Kyle BOHSANCURT, Petitioner/Appellee, v. The Honorable Mitchell EISENBERG, Magistrate of the Tucson City Court, Respondent, and Tucson City Prosecutor's Office, Real Party in Interest/Appellant.

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

February 28, 2006.

Attorney(s) appearing for the Case

Law Office of Stephen Paul Barnard, P.C., By Stephen Paul Barnard, Tucson, for Petitioner/Appellee.

Michael G. Rankin, Tucson City Attorney, By Laura Brynwood and William F. Mills, Tucson, for Real Party in Interest/Appellant.

Gary M. Kula, City of Phoenix Public Defender, By Gary M. Kula and Treasure Van-Dreumel, Phoenix, for Amicus Curiae City of Phoenix Public Defender's Office.

OPINION

PELANDER, Chief Judge.

¶ 1 The state appeals from the superior court's ruling in a special action in which the court concluded that maintenance and calibration records for an Intoxilyzer 5000 breath-testing machine are testimonial in nature under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). Based on that conclusion, the court ruled those records are inadmissible in...

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