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STATE v. VALENZUELA

No. 2 CA-CR 2014-0169.

350 P.3d 811 (2015)

The STATE of Arizona, Appellee, v. Francisco L. Encinas VALENZUELA, Appellant.

Court of Appeals of Arizona, Division 2.

May 26, 2015.

Attorney(s) appearing for the Case

Mark Brnovich, Arizona Attorney General, Joseph T. Maziarz, Section Chief Counsel, Phoenix By Diane Leigh Hunt, Assistant Attorney General, Tucson, Counsel for Appellee.

The Law Office of Mark F. Willimann, LLC By Mark F. Willimann, Tucson, Counsel for Appellant.

Law Offices of Jeffrey D. Bartolino By Jeffrey D. Bartolino, Tucson, Counsel for Amicus Curiae Arizona Attorneys for Criminal Justice.

Presiding Judge MILLER authored the opinion of the Court, in which Judge ESPINOSA concurred and Chief Judge ECKERSTROM dissented.

OPINION

¶ 1 Francisco Valenzuela was convicted after a bench trial of two counts of aggravated driving under the influence of alcohol (DUI) and sentenced to concurrent prison terms totaling 1.5 years. On appeal, he contends he was coerced into consenting to blood, breath, or urine tests by the language the...

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