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STATE v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 3926.

131 Ariz. 256 (1981)

640 P.2d 187

The STATE of Arizona, Petitioner/Appellee, v. The CITY COURT OF the CITY OF TUCSON and the Honorable Thomas D. Welch, Chief Magistrate of the City of Tucson, Respondents, and Ervin KRIST, real party in interest, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 29, 1981.

Review Granted September 17, 1981.

Attorney(s) appearing for the Case

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

Walter B. Nash III, P.C. by Thomas G. Goddard, Tucson, for respondent/appellant.

OPINION

HOWARD, Judge.

The issue in this case is whether the Tucson city magistrate abused his discretion in setting aside appellant's guilty plea. The Pima County Superior Court, in a special action filed by the city, found that he did and ordered the magistrate to reinstate the guilty plea. Appellant claims the superior court erred. We affirm.

On January 4, 1980, appellant, who was represented by counsel, pled guilty in city

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