State Ex Rel. McDougall v. Crawford

OPINION

HAIRE, Presiding Judge.

The state has appealed from the superior court’s order dismissing its special action on the ground that the state had a remedy by direct appeal. The special action challenged a city court judge’s order striking an allegation of a prior conviction for driving while under the influence (DUI) and sentencing the defendant as a first-time offender. The background facts are as follows.

Appellee Mike E. Richardson (defendant) was charged in Phoenix Municipal Court with DUI, a violation of A.R.S. § 28-692(A), and driving with a blood-alcohol content of .10 percent or…