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STATE v. NEVAREZ

No. 2 CA-CR 2013-0065.

329 P.3d 233 (2014)

The STATE of Arizona, Appellee, v. Esgardo Javier NEVAREZ, Appellant.

Court of Appeals of Arizona, Division 2.

May 30, 2014.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General, Joseph T. Maziarz, Section Chief Counsel, Phoenix, By Amy Pignatella Cain, Assistant Attorney General, Tucson, Counsel for Appellee.

Isabel G. Garcia, Pima County Legal Defender by Alex Heveri, Assistant Legal Defender, Tucson, Counsel for Appellant.

Judge ESPINOSA authored the opinion of the Court, in which Presiding Judge KELLY and Judge ECKERSTROM concurred.

OPINION

ESPINOSA, Judge.

¶ 1 In early 2011, Esgardo Nevarez was charged with two counts of aggravated driving under the influence of an intoxicant (DUI). Prior to trial, he moved to suppress the evidence against him, arguing it was obtained as the result of an unlawful stop. He also moved to dismiss the charges or suppress evidence on grounds that police officers had interfered with his right to counsel and to gather exculpatory evidence. Both motions...

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