STATE v. AVRIETT

No. 1 CA-CR 814.

25 Ariz. App. 63 (1975)

540 P.2d 1282

STATE of Arizona, Appellee, v. Marvin Ray AVRIETT, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied November 7, 1975.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, Cleon M. Duke, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Garth V. Smith, Deputy Public Defender, Phoenix, for appellant.


OPINION

DONOFRIO, Judge.

The issue in this case involves the question whether the time limits of Rule 8, Rules of Criminal Procedure, 17 A.R.S., are meant to start anew upon the refiling by the county attorney of a previously dismissed criminal action when the prior dismissal was without prejudice. Appellant has raised no federal constitutional speedy trial issues in this appeal, therefore the result this Court reaches is based on our interpretation of the...

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