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WISSNER v. STATE

No. 2 CA-CIV 1610.

21 Ariz. App. 432 (1974)

520 P.2d 526

Terry Lee WISSNER, aka Terry Lee Paroz, Petitioner, v. STATE of Arizona, City Court of the City of Tucson, Pima County, the Honorable Edward V. Lacambra, Chief Magistrate, City Court, City of Tucson, Respondents.

Court of Appeals of Arizona, Division 2.

April 1, 1974.

Attorney(s) appearing for the Case

Laber, Lovallo & Colarich, Ltd. by Joseph A. Lovallo and Jackson G. Gallup, Tucson, for petitioner.

James D. Webb, Tucson City Atty. by Thomas J. Wilson, Asst. City Atty., Tucson, for respondents.

OPINION

KRUCKER, Judge.

The petitioner, defendant in a pending City Court criminal prosecution for shoplifting, seeks relief by way of special action from a denial of his motion to have his mental condition examined pursuant to Rule 11, Rules of Criminal Procedure, 17 A.R.S. The magistrate recognized the petitioner's right to have the issue of his competency to stand trial determined, but concluded that City Court lacked jurisdiction to conduct such inquiry...

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