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STATE v. DeROSE

No. 2 CA-CIV 3937.

128 Ariz. 299 (1981)

625 P.2d 362

The STATE of Arizona, Petitioner, v. The Honorable Barry DeROSE, Judge of the Superior Court, Division I, in and for the County of Gila, and Joe Paul Cruz, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

March 9, 1981.

Attorney(s) appearing for the Case

Robert Duber II, Gila County Atty. by William L. Tifft, Town Atty., Globe, for petitioner.

Levine & Jarvi by Leslee Sloss, Scottsdale, for respondent/real party in interest.

OPINION

BIRDSALL, Judge.

The real party in interest, the defendant in pending prosecutions, invoked Rule 15.3, Rules of Criminal Procedure, 17 A.R.S., requesting the respondent court to allow him to depose a prosecution witness, the victim of the charged offenses. The motion was granted and the State has sought special action relief, claiming the respondent court abused its discretion. We believe appellate intervention is appropriate and assume jurisdiction...

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