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STATE v. TARR

No. 1 CA-CR 12-0791.

331 P.3d 423 (2014)

STATE of Arizona, Appellee, v. Kenneth TARR, Appellant.

Court of Appeals of Arizona, Division 1.

August 5, 2014.

Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix by Michael O'Toole, Counsel for Appellee.

Maricopa County Public Defender's Office, Phoenix, by Stephen Whelihan, Counsel for Appellant.

Presiding Judge JOHN C. GEMMILL delivered the opinion of the Court, in which Judge ANDREW W. GOULD and Judge DONN KESSLER joined.

OPINION

GEMMILL, Judge.

¶ 1 Kenneth Tarr appeals his convictions and sentences on four counts of aggravated driving or actual physical control of a vehicle while under the influence of alcohol ("DUI").1 He argues that the trial court erred in refusing his requested jury instructions specifically defining "actual physical control" of a vehicle as including its use as a stationary shelter. Because we conclude that the court...

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