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FRANCISCO v. STATE

No. 2 CA-CIV 1969.

25 Ariz. App. 164 (1975)

541 P.2d 955

Edmund FRANCISCO, Petitioner, v. The STATE of Arizona, the Honorable J. Richard Hannah, Judge of the Pima County Superior Court, and the Pima County Superior Court, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 18, 1975.

Review Granted January 20, 1976.

Attorney(s) appearing for the Case

Papago Legal Services by James J. Purcell, Sells, for petitioner.

Dennis DeConcini, Pima County Atty. by David R. Ostapuk, Deputy County Atty., Tucson, for respondents.

OPINION

HOWARD, Chief Judge.

We are asked in this special action proceeding to determine whether the respondent court abused its discretion in denying petitioner's motion to dismiss an action brought against him by the State of Arizona in the name of Veronica Toro to determine petitioner's alleged paternity of Veronica's child, Johnathan. He claimed lack of jurisdiction over his person on the ground that the Pima County deputy sheriff who served him was without...

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