State v. Miller

OPINION

HOWARD, Chief Judge.

¶ 1 In this special action, the State of Arizona seeks relief from the rulings of the respondent judge in the underlying criminal actions against real parties in interest Daniel Oliveri and Michael Nelson in which the respondent made clear he intended to give the Revised Arizona Jury Instruction (Criminal) (“RAJI”) 28.1383(A)(1) — 1 (2008) rather than the state’s requested instruction. The state asserts the RAJI instruction misstates the law by adding an element to the crime of driving under the influence of an intoxicant (DUI). For the reasons stated below, we…