State v. Smith

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 Following a jury trial, Kyle Smith was convicted of two counts of aggravated driving under the influence of an intoxicant (DUI) arising from the same incident. The trial court suspended the imposition of sentence, placed Smith on concurrent, three-year terms of probation, and ordered that he be imprisoned for four months pursuant to AR.S. § 28-1383(D)(l). On appeal, the state challenges the trial court’s determination that Smith is eligible for probation. In his cross-appeal, Smith challenges the court’s failure to strike a juror for cause and one of its…