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Collyer v. State12/11/1995
here is no authority barring the DA from making such an agreement.
12. The State relies on Loughran v. Superior Ct., 145 Ariz. 56, 699 P.2d 1287 (Ariz. 1985) (en banc). Loughran is distinguishable, but application of its dicta supports our holding. In Arizona a county attorney may represent the state in criminal cases only. Thus, the county attorney in that case lacked authority to bind the Department of Transportation in regard to a civil penalty. Id. at 1288. The court noted, however, that if the penalty had been criminal, the Department would have been bound. Id. Our statutes, as noted above, expressly authorize district attorneys to represent the state in criminal and civil matters. Following the Loughran court's reasoning, the MVD is bound because of the authority of the DA to represent the State in civil proceedings. In addition, the plea agreement in the Arizona case was silent as to revocation, id., whereas in this case the parties expressly contemplated no revocation.
Conclusion
13. The MVD must abide by the magistrate court's determination of Collyer's status as an offender and the judgment expressly stated that the conviction was a "first conviction" for all lawful purposes. The DA had the authority to bind the MVD. The MVD had no statutory authority to revoke Collyer's license. The district court is reversed and this matter is remanded for issuance of a writ of certiorari.
14. IT IS SO ORDERED.
MICHAEL D. BUSTAMANTE, Judge
WE CONCUR:
LYNN PICKARD, Judge
BRUCE D. BLACK, Judge
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