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STATE v. LOPEZ

No. 1 CA-CR 1579.

26 Ariz. App. 559 (1976)

550 P.2d 113

STATE of Arizona, Appellant, v. Frank Xavior LOPEZ, Appellee.

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

Rehearing Denied June 22, 1976.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty., by James R. Minter, Deputy County Atty., Phoenix, and Bruce E. Babbitt, Atty. Gen. by R. Wayne Ford, Asst. Atty. Gen., Phoenix, for appellant.

Gerald F. Sullivan, 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 significant jurisdictional issue involved, we believe an opinion is warranted in this case.

The appeal herein is by the State from an order of the Superior Court dismissing this prosecution against the appellee with prejudice. The...

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