OPINION
ECKERSTROM, Presiding Judge.
¶ 1 Following a jury trial, Kyle Smith was convicted of two counts of aggravated driving under the influence of an intoxicant (DUI) arising from the same incident. The trial court suspended the imposition of sentence, placed Smith on concurrent, three-year terms of probation, and ordered that he be imprisoned for four months pursuant to A.R.S. § 28-1383(D)(1). On appeal, the state challenges the trial...
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