State of Arizona v. Scott Alan Colvin

OPINION

ESPINOSA, Judge.

¶ 1 Appellee Scott Colvin was charged with two counts of aggravated driving under the influence of an intoxicant (DUI), two counts of aggravated driving with a blood alcohol concentration (BAC) of .08 or greater, and aggravated assault on a peace officer. The trial court dismissed the DUI- and BAC-related charges that were aggravated based on Colvin having had two or more prior DUI violations, concluding his California DUI convictions could not support aggravated DUI- and BAC-related charges in Arizona. The state appeals, arguing the counts should not have been…