BERNSTEIN, Chief Justice.
This proceeding comes before us on a question of law certified by the Superior Court in Maricopa County to the Court of Appeals, Division 1, pursuant to Rule 346 of the Rules of Criminal Procedure, 17 A.R.S. The Court of Appeals ordered this matter transferred to the Supreme Court after finding that it, the Court of Appeals, may not entertain Criminal Rule 346 matters. State v. Nixon,
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