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STATE v. OWENS

No. 1 CA-CR 4459.

127 Ariz. 252 (1980)

619 P.2d 761

STATE of Arizona, Appellee, v. Ira L. OWENS, Appellant.

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

October 28, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, and Barbara A. Jarrett, Asst. Attys. Gen., Phoenix, for appellee.

Puckett & Farrer, P.C. by Mathis Becker, Sun City, for appellant.

OPINION

HAIRE, Presiding Judge.

The pivotal issue in this appeal is whether an express stipulation in a plea of no contest can act to preserve a nonjurisdictional defect which otherwise would be waived as a result of the plea.

Appellant was tried on a charge of driving at a speed greater than reasonable and prudent, convicted and fined $35. Subsequently the state filed a new complaint against him based on the same driving incident. The new complaint...

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