QUIGLEY v. CITY COURT OF THE CITY OF TUCSON

No. 2 CA-CIV 4206.

132 Ariz. 35 (1982)

643 P.2d 738

Christopher J. QUIGLEY, Petitioner/Appellee, v. CITY COURT OF The CITY OF TUCSON; the Honorable Ronald Sommer, Acting Magistrate, Respondent, and The STATE of Arizona, ex rel., Frederick S. DEAN, City Attorney for the City of Tucson, Real Party in Interest/Appellant.

Court of Appeals of Arizona, Division 2.

March 31, 1982.


Attorney(s) appearing for the Case

Quigley & Quigley, P.C. by James E. Quigley, Tucson, for petitioner/appellee.

Frederick S. Dean, Tucson City Atty. by Beverly A. Ginn and Brian E. Wellendorf, Tucson, for real party in interest/appellant.


OPINION

HOWARD, Chief Judge.

The issue in this appeal from a special action is whether the superior court exercised the proper standard of review of the city magistrate's dismissal of a prosecution without prejudice.

Petitioner was charged in the city court with petty theft. A pretrial conference was held on July 23, 1981, and the state disclosed its witnesses. The state, however, did not include the name of a Mr. Arnold, an accomplice who had already...

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