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WOODS v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 3671.

128 Ariz. 477 (1981)

626 P.2d 1109

Jessie WOODS, Petitioner/Appellee, v. The CITY COURT OF the CITY OF TUCSON, State of Arizona, The Honorable Fred Dardis, a Judge thereof, and The State of Arizona, Real Party in Interest, Respondents/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 18, 1981.

Review Denied April 14, 1981.

Attorney(s) appearing for the Case

Thomas G. Goddard, Tucson, for petitioner/appellee.

Frederick S. Dean, City Atty. by Michael E. Owen, Tucson, for respondents/appellants.

OPINION

HATHAWAY, Chief Judge.

This appeal raises the issue of whether the superior court's ordering the city magistrate to grant defendant's motion to suppress in a shoplifting prosecution is supportable. The state contends on appeal that since defendant made incriminating statements to a private security guard who was not required to give Miranda1 warnings, the superior court...

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