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STATE v. SMITH

No. 2 CA-CR 2010-0396.

263 P.3d 675 (2011)

The STATE of Arizona, Appellant/Cross-Appellee, v. Kyle Evan SMITH, Appellee/Cross-Appellant.

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

September 30, 2011.

Attorney(s) appearing for the Case

Barbara LaWall , Pima County Attorney By Jacob R. Lines , Tucson, Attorneys for Appellant/Cross-Appellee.

Isabel G. Garcia , Pima County Legal Defender By Stephan McCaffery ., Tucson, Attorneys for Appellee/Cross-Appellant.

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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