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NELSON v. ROYLSTON

No. 2 CA-CIV 4863.

137 Ariz. 272 (1983)

669 P.2d 1349

Dale Michael NELSON, Petitioner, v. The Honorable Richard N. ROYLSTON, Judge of the Pima County Superior Court, Respondent, STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

August 15, 1983.

Attorney(s) appearing for the Case

Hirsh & Fines, P.C. by Robert J. Hirsh and L. Anthony Fines, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Cindy Kelly Jorgenson, Tucson, for real party in interest.

OPINION

BIRDSALL, Acting Chief Judge.

Petitioner has brought this special action to challenge the respondent court's denial of his motion to dismiss the indictment and to remand for a redetermination of probable cause. Because we believe the court abused its discretion in denying the motion, and because the petitioner is without an adequate remedy by means of an appeal, State v. Agnew, 132 Ariz. 567,

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