STATE v. SUPERIOR CT., IN AND FOR COUNTY OF PIMA

No. 2 CA-CIV 2299.

27 Ariz. App. 430 (1976)

555 P.2d 898

The STATE of Arizona, Petitioner, v. SUPERIOR COURT, IN AND FOR the COUNTY OF PIMA, and Honorable William Druke, Judge of the Superior Court, Respondents, and Jack F. ROCK, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 29, 1976.

Petition for Review Denied October 26, 1976.


Attorney(s) appearing for the Case

David G. Dingeldine, Pima County Atty. by Raner C. Collins, Deputy County Atty., Tucson, for petitioner.

John M. Neis, Pima County Public Defender by Jeffrey D. Bartolino, Asst. Public Defender, Tucson, for real party in interest.


HOWARD, Chief Judge.

The real party in interest was charged under A.R.S. Secs. 13-661, 13-662, 13-663, 13-671, 13-688 and 13-682 with grand theft by embezzlement of a motor vehicle. Based on State v. Thomas, 110 Ariz. 27, 514 P.2d 1023 (1973) the trial court granted his motion to dismiss without prejudice on the grounds that since a motor vehicle was involved, he should have been charged...

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