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STATE v. ZARAGOZA

No. CR-08-0286-PR.

209 P.3d 629 (2009)

STATE of Arizona, Appellee, v. Vincent ZARAGOZA, Appellant.

Supreme Court of Arizona, En Banc.

June 3, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation, Phoenix, Kathryn A. Damstra, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Jack L. Lansdale, Jr., and Law Offices of Stephen Paul Barnard, P.C. by Stephen Paul Barnard and Nesci, St. Louis, & West, P.L.L.C. by Joseph P. St. Louis, Tucson, Attorneys for Vincent Zaragoza.

Aarón Carreón-Aínsa, City Prosecutor Phoenix by John Tutelman, Deputy City Prosecutor, Phoenix, Attorneys for Amicus Curiae Phoenix City Prosecutor's Office.

OPINION

RYAN, Justice.

¶ 1 Arizona's driving under the influence statute, Ariz.Rev.Stat. ("A.R.S.") § 28-1381(A)(1) (Supp.2005), makes it "unlawful for a person to drive or be in actual physical control of a vehicle ... [w]hile under the influence of intoxicating liquor." The statute does not define "actual physical control," and courts have crafted inconsistent jury instructions on the meaning of that phrase. Although we conclude that the jury...

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