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STATE EX REL. PURCELL v. SUPERIOR COURT

No. 11201.

109 Ariz. 460 (1973)

511 P.2d 642

The STATE of Arizona ex rel. Joe PURCELL, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and the Honorable Jerry H. Glenn, Judge thereof; and Loren Wayne MOXLEY, Defendant and Real Party In Interest, Respondents.

Supreme Court of Arizona, En Banc.

Rehearing Denied September 18, 1973.

Attorney(s) appearing for the Case

Joe R. Purcell, City Atty., by Christina J. Peterson and Joseph A. Tvedt, Jr., Asst. City Attys., Phoenix, for petitioner.

Harold Riddel, Phoenix, for respondents.

HAYS, Chief Justice.

This is a special action brought by the State of Arizona on relation of the Phoenix City Attorney. After a hearing we accepted jurisdiction.

The petition shows that Respondent Moxley was arrested and charged with two misdemeanors. He pleaded guilty to both charges in the City Court of Phoenix, was sentenced, and appealed to Superior Court. There, he pleaded not guilty, requested a jury trial, and moved to quash the complaints for lack...

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