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WILLIAMS v. SUPERIOR COURT IN AND FOR CTY. OF PIMA

No. 2 CA-CIV 1564.

21 Ariz. App. 239 (1974)

517 P.2d 1286

Peter Lonsdale WILLIAMS, Petitioner, v. SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF PIMA, and Ben C. Birdsall, Judge of the Superior Court, Respondent; and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 27, 1974.

Attorney(s) appearing for the Case

Bruce E. Aarestad, Tucson, for petitioner.

Dennis DeConcini, Pima County Atty., by Harold L. Higgins, Jr., Deputy County Atty., Tucson, for respondent and real party in interest.

OPINION

HOWARD, Judge.

Petitioner, defendant in a pending criminal prosecution for burglary, seeks relief in this court from an order of the respondent court denying his motion to dismiss the information. Although we do not agree with the lower court's belief that petitioner's motion was untimely, we are of the opinion that the motion was properly denied.

Briefly, the facts alleged in petitioner's motion to dismiss are as follows. He was arrested on...

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