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CAMPA v. FLEMING

No. 2 CA-CIV 4217.

134 Ariz. 330 (1982)

656 P.2d 619

Humberto CAMPA, Petitioner/Appellee, v. The Honorable Robert FLEMING, City Court Magistrate of the City of Tucson, Respondent, and The STATE of Arizona, real party in interest, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 24, 1982.

Review Denied December 29, 1982.

Attorney(s) appearing for the Case

Frederic J. Dardis, Pima County Public Defender by Carol Wittels, Asst. Public Defender, Tucson, for petitioner/appellee.

Frederick S. Dean, Tucson City Atty. by John Brady, Tucson, for respondent/appellant.

OPINION

BIRDSALL, Judge.

This is an appeal from a special action in the superior court. The Tucson City Magistrate, the respondent on the petition filed by appellee Campa, refused to appoint counsel to represent him on a charge of shoplifting. The offense is a Class 1 misdemeanor carrying a possible sentence of six months in jail and/or a $1,000 fine. The city prosecutor avowed that no jail time would be requested, and the city magistrate ruled that no jail...

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