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CICORIA v. COLE

No. 1 CA-SA 09-0153.

215 P.3d 402 (2009)

Brian Patrick CICORIA, Petitioner, v. The Honorable David R. COLE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona Real Party in Interest.

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

September 10, 2009.

Attorney(s) appearing for the Case

Weingart Law Firm By Mark N. Weingart, Tempe, Attorneys for Petitioner.

Caron Close, Scottsdale City Prosecutor By Kenneth M. Flint, Scottsdale, Attorneys for Real Party in Interest.

OPINION

DOWNIE, Judge.

¶ 1 In this special action proceeding, we hold that the superior court properly interpreted the 2007 version of Arizona Revised Statutes ("A.R.S.") § 28-1382(F), determining that petitioner must be sentenced to 180 days in jail based on a previous driving under the influence ("DUI") conviction within eighty-four months and a blood alcohol concentration that exceeded .20 within two hours of driving. We also observe that the...

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