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STATE HYDER v. SUP. COURT IN & FOR CTY. OF MARICOPA

No. 14579.

124 Ariz. 560 (1980)

606 P.2d 411

STATE of Arizona ex rel. Charles F. HYDER, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Warren L. McCarthy, Judge, Respondents, and John Calles MOYA, Jr., Real Party in Interest.

Supreme Court of Arizona, En Banc.

Rehearing Denied February 20, 1980.

Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty. by Mark D. Deutsch, Deputy County Atty., Phoenix, for petitioner.

Ross P. Lee, Maricopa County Public Defender by Anne Kappes, Deputy Public Defender, Phoenix, for real party in interest.

HAYS, Justice.

John Calles Moya, real party in interest, was convicted by a jury of first-degree murder. Eighty days after the jury verdict, the trial court, assuming inherent power to modify the verdict, entered a judgment of acquittal on the charge of first-degree murder, and a judgment of guilty of second-degree murder.

Petitioner, State of Arizona, brought this special action, urging that respondent exceeded his authority. We accepted jurisdiction under...

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