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STATE v. WHITE

No. 1 CA-CR 2013.

27 Ariz. App. 213 (1976)

553 P.2d 246

STATE of Arizona, Appellant, v. James E. WHITE, Appellee.

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

July 29, 1976.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by Cleve Lynch, Deputy County Atty., Phoenix, for appellant.

Henry J. Florence, Ltd., by O. Joseph Chornenky, Phoenix, for appellee.

OPINION

JACOBSON, Presiding Judge.

This case is before us at this time on appellee's motion to dismiss the State's appeal for lack of jurisdiction. Normally such a motion would be disposed of by an order, but because of the jurisdictional issue involved, we believe an opinion is warranted.

This attempted appeal is by the State from an order of the Superior Court granting appellee a new trial, following a hearing on his Rule 32 petition for post-conviction...

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