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STATE DeCONCINI v. SUPERIOR COURT, CTY. OF PIMA

No. 2 CA-CIV 1989.

25 Ariz. App. 173 (1975)

541 P.2d 964

The STATE of Arizona ex rel. Dennis DeCONCINI, Pima County Attorney, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, the Honorable Lee Garrett, Respondent; and Henry APODACA, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 5, 1975.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty., by Jack L. Lansdale, Jr., Deputy County Atty., Tucson, for petitioner.

Bolding, Oseran & Zavala, by Richard Oseran, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

Real party in interest was indicted on January 27, 1975, on two counts of unlawful possession of narcotics for sale in violation of A.R.S. § 36-1002, one count involving cocaine and the other hashish.

He was arraigned on March 18 and a trial date was set for May 6. At the omnibus hearing on April 28, defense counsel moved for a continuance of the trial date because of a trial conflict, whereupon Judge Fenton granted a...

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