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STATE v. McDONALD

No. 1 CA-CR 2032.

117 Ariz. 180 (1977)

571 P.2d 677

STATE of Arizona, Appellee, v. Timothy Peter McDONALD, Appellant.

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

Rehearing Denied May 4, 1977.

Review Granted June 1, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, Chief Counsel, Crim. Div., Diane M. DeBrosse, Asst. Attys. Gen., Phoenix, for appellee.

Eugene A. Burdick, Phoenix, for appellant.

OPINION

JACOBSON, Presiding Judge.

After trial to a jury, the appellant was convicted of attempted first degree burglary and sentenced to five years' probation. He appeals, arguing:

1. The trial judge erred in denying a motion to dismiss, which was supported by three different grounds; (a) an original dismissal of the charge should have been with prejudice when a redetermination of probable cause did not take place within the time limits...

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