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STATE v. SUPERIOR COURT, NAVAJO COUNTY

No. 1 CA-SA 94-0198.

180 Ariz. 384 (1994)

884 P.2d 270

STATE of Arizona, and J.C.S., a person under the age of 18 years, Petitioners, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF NAVAJO; The Honorable Thomas L. Wing, a judge thereof, Respondent Judge.

Court of Appeals of Arizona, Division 1, Department B.

November 8, 1994.

Attorney(s) appearing for the Case

Melvin R. Bowers, Jr., Navajo County Atty. by Stephen D. Alfrey, Deputy County Atty., Holbrook, for the State.

Myrna J. Parker, Navajo County Public Defender, Holbrook, for juvenile petitioner.

OPINION

TOCI, Judge.

This case presents a separation of powers issue: may the juvenile court prevent the county attorney from withdrawing a previously filed motion to transfer a juvenile for prosecution as an adult? In other words, once a transfer petition is filed, does the juvenile court have the power to compel the state to proceed with the transfer hearing?

This question is presented in a special action, brought by joint petition of the state and...

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