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STATE EX REL. DEAN v. CITY CT. OF CITY OF TUCSON

No. 2 CA-CIV 3983.

130 Ariz. 35 (1981)

633 P.2d 444

STATE of Arizona, ex rel., Frederick S. DEAN, City Attorney for the City of Tucson, Petitioner/Appellant, v. CITY COURT OF the CITY OF TUCSON, Robert Fleming, City Magistrate, and Mercedes A. DeLoustaunau, Real Party in Interest, Respondents/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 29, 1981.

Review Denied September 25, 1981.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by Thomas B. Lindberg, Tucson, for petitioner/appellant.

Gonzales & Villarreal, P.C. by Stephen C. Villarreal, Tucson, for respondents/appellees.

OPINION

HOWARD, Judge.

Does the Tucson City Court have jurisdiction to try a shoplifting case which has been designated a misdemeanor? We hold that it does.

The real party in interest, Mercedes A. DeLoustaunau, was arrested for shoplifting items alleged to be worth $113 from Levy's Department Store in Tucson. Pursuant to A.R.S. § 13-1805, the offense was alleged as a class 6 felony. The felony was later dismissed by the Pima County Attorney who...

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