State v. Yellowmexican

OPINION

MEYERSON, Presiding Judge.

The issues presented in this appeal by the state from the dismissal of two charges of driving while intoxicated against the defendant are:

1. Whether the trial court erred by ruling that A.R.S. § 28-692.01.F., as applied to defendant, is invalid as an ex post facto law.

2. Whether the trial court erred by ruling that A.R.S. § 28-692.02.A., as applied to defendant, is invalid as an ex post facto law.

We find that the trial court erred with respect to both of the above issues. Therefore, the judgment is reversed and the matter remanded with instructions to…