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STATE v. FENTON

No. 2 CA-CIV 880.

12 Ariz. App. 523 (1970)

472 P.2d 492

The STATE of Arizona, Petitioner, v. The Honorable Norman S. FENTON, Judge of the Superior Court in and for the County of Pima, State of Arizona, Respondent, and Steven Torrence TODOROVICH, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 2, 1970.

Review Denied October 27, 1970.

Attorney(s) appearing for the Case

Rose Silver, Pima County Atty., by William F. McDonald, Deputy County Atty., Tucson, for petitioner.

Howard Kashman, Pima County Public Defender, by Frederick F. Kay, Deputy Public Defender, Tucson, for real party in interest.

HOWARD, Chief Judge.

This is a special action questioning the authority of the trial court to "remand" a criminal case to the justice court for another preliminary hearing.

The defendant, real party in interest, was arrested for Unlawful Possession of Marijuana. At the preliminary hearing in Justice Court the defendant was without counsel. Defendant was bound over to the Superior Court on the same charge. On February 10, 1970 the defendant was arraigned in...

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