State v. Orduno

MOELLER, Justice.

JURISDICTION

Ernest Orduno (defendant) was charged with and found guilty of the class 5 felony offense of driving while under the influence of intoxicating liquor (DUI) with a suspended, cancelled, revoked, or refused operator’s license. The jury found the DUI to be a “dangerous offense” for sentence enhancement purposes under A.R.S. § 13-604. The trial court entered a post-trial judgment of acquittal on the allegation of dangerousness and placed defendant on probation with six months in prison as a condition of probation. On appeal by the state, the court of appeals…