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STATE v. FRIDLEY

No. 1 CA-CR 4395.

126 Ariz. 419 (1980)

616 P.2d 94

STATE of Arizona, Appellant, v. Gaylord FRIDLEY, Donald Berres, Frederick Ross, Deryl Heikes, Appellees.

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

August 14, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Criminal Division, David R. Cole, Asst. Atty. Gen., Phoenix, Charles F. Hyder, Maricopa County Atty. by Thomas C. Simon, Deputy County Atty., Phoenix, for appellant.

Snell & Wilmer by Robert B. Hoffman, Robert J. Gibson, Phoenix, for appellee Fridley.

Marks, Shea & Wilks by Garrett W. Simpson, Phoenix, for appellee Berres.

Estrada & Estrada by R. George Estrada, Phoenix, for appellee Ross.

J. Douglas McVay, Phoenix, for appellee Heikes.

OPINION

PER CURIAM:

The issue before the Court is the validity of the 1979 amendment to A.R.S. § 13-4032, Arizona's statutory authority governing the State's right to appeal in a criminal prosecution. The question has been presented in the appellees' motion to dismiss appeal and normally would be disposed of by an unpublished order. Because we conclude that the attempted amendment is void, an opinion is warranted.

The State's appeal is from the...

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