SCHULTZ v. PETERSON

No. 11796-PR.

111 Ariz. 421 (1975)

531 P.2d 1128

Frank John SCHULTZ and Christopher Wayne Aronson, Petitioners, v. The Honorable Howard F. PETERSON and STATE of Arizona, Real Party in Interest, Respondents.

Supreme Court of Arizona, En Banc.

February 19, 1975.


Attorney(s) appearing for the Case

Debus, Busby & Green, Ltd. by Jordan L. Green, Phoenix, for petitioners.

Moise Berger, Maricopa County Atty., by Dennis W. Dairman, Deputy County Atty., Phoenix, for State of Arizona.


HAYS, Justice.

The defendants, Frank John Schultz and Christopher Wayne Aronson, were charged with receiving stolen property and released on their own recognizance. On July 25, 1974, the State filed a motion to continue under the provisions of Rule 8.5, 1973 Rules of Criminal Procedure, 17 A.R.S., alleging that the prosecuting attorney had a schedule conflict. A hearing was held on August 6, 1974, at which time the prosecutor advised the court that he did not have...

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