Cicoria v. Cole

OPINION

DOWNIE, Judge.

¶ 1 In this special action proceeding, we hold that the superior court properly interpreted the 2007 version of Arizona Revised Statutes (“A.R.S.”) § 28-1882(F), determining that petitioner must be sentenced to 180 days in jail based on a previous driving under the influence (“DUI”) conviction within eighty-four months and a blood alcohol concentration that exceeded .20 within two hours of driving. We also observe that the failure to promptly file a special action petition in a limited jurisdiction appeal is a basis for declining jurisdiction.

FACTS AND PROCEDURAL…