State v. Driggs

CAMERON, Justice.

I

This is a petition for review of a decision and opinion of the court of appeals, division one, 155 Ariz. 74, 745 P.2d 132, which set aside the trial court’s dismissal of felony drunk driving charges against the defendant, Lyle Kent Driggs. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3), A.R.S. § 12-120.24 and Rule 31.19, Ariz.R.Crim.P., 17 A.R.S.

II

We must determine whether State v. Hannah, 126 Ariz. 575, 617 P.2d 527 (1980), applies to successive drunk driving offenses proscribed by A.R.S. § 28-692.01(F).

III

The facts necessary for a determination of this matter…