No. 2 CA-CIV 3190.

122 Ariz. 89 (1979)

593 P.2d 312

The STATE of Arizona, ex rel., Beverly H. JENNEY, Cochise County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF COCHISE, DIVISION I thereof, Anthony T. Deddens, Judge of the Superior Court, Retired, and Matthew Borowiec, Judge thereof and successor in office, and Sandra Austin, now known as Sandra Austin Robertson, real party in interest, Respondents.

Court of Appeals of Arizona, Division 2.

March 29, 1979.

Attorney(s) appearing for the Case

Beverly H. Jenney, Cochise County Atty. by Patrick M. Elliston, Deputy County Atty., Bisbee, for petitioner.

Greenwood, Ryan & Herbolich, Ltd. by James B. Greenwood, Bisbee, for real party in interest Austin.


HOWARD, Judge.

An order of the respondent court purporting to dismiss with prejudice a pending criminal prosecution against the real party in interest is challenged by the state. The state concedes that a dismissal is appropriate but contends it should have been without prejudice. Although we deny relief because we hold the order inadequate to effect a dismissal with prejudice, we assume jurisdiction to discuss the problem as one likely to recur.<...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases