State v. Gin

OPINION

LIVERMORE, Presiding Judge.

The state brings this special action to challenge the trial court’s order dismissing an indictment which charged the real party in interest, Alfredo Danny Lucero, with DUI on a suspended license, a class 5 felony in violation of A.R.S. § 28-692.02(A)(l). Because the state has no equally plain, speedy or adequate remedy by appeal, Ariz.R.P. Spec. Act. 1(a), 17A A.R.S.; Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986), and because we believe the trial court’s ruling was in error, we assume jurisdiction and grant relief.

The question presented is whether a…