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BOURNE v. McCLENNEN

No. 1 CA-SA 14-0101.

333 P.3d 750 (2014)

Max William BOURNE; Karissa M. Rowland; Jose L. Simental-Fuentes; Jorge Garcia-Fraijo, Petitioners, v. The Honorable Crane McCLENNEN, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, State of Arizona, by and through the Phoenix City Prosecutor, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

July 31, 2014.

Attorney(s) appearing for the Case

Michael J. Dew, Attorney at Law, By Michael J. Dew, Phoenix, Counsel for Petitioners.

Phoenix City Prosecutor's Office, By Gary L. Shupe, Phoenix, Counsel for Real Party in Interest.

Judge PATRICIA K. NORRIS delivered the opinion of the Court, in which Acting Presiding Judge MAURICE PORTLEY and Judge ANDREW W. GOULD joined.

OPINION

NORRIS, Judge.

¶ 1 By statute, a court must sentence a person convicted of a first violation of extreme driving under the influence ("DUI") to jail for, depending on the alcohol concentration, not less than 30 or 45 days. Ariz.Rev. Stat. ("A.R.S.") § 28-1382 (2012). A court may, however, suspend a portion of the jail sentence if the person installs an ignition interlock device on any motor vehicle...

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