State v. Bernini

OPINION

ESPINOSA, Presiding Judge.

¶ 1 The State of Arizona has petitioned this court for special action relief from the respondent judge’s order that it produce software for the Intoxilyzer 8000, the breath-testing equipment currently used by the Tucson Police Department, to real parties in interest, Erica Daughters-White and twenty-seven other defendants (Defendants) charged in these consolidated cases with driving with a blood alcohol concentration of .08 or more. In State v. Bernini, 220 Ariz. 536, ¶¶ 8, 11, 207 P.3d 789, 791-92 (App.2009), we vacated the respondent judge’s order that the…