STATE v. VAN ARSDALE

No. 1 CA-CR 5471.

133 Ariz. 579 (1982)

653 P.2d 36

STATE of Arizona, Appellant, v. Robert R. VAN ARSDALE, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied October 6, 1982.

Review Denied October 26, 1982.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Philip J. MacDonnell, Chief Counsel, Prosecutions Div., David R. McCormack, Asst. Attys. Gen., Phoenix, for appellant.

Ross P. Lee, Maricopa County Public Defender by H. Allen Gerhardt, Deputy Public Defender, Phoenix, for appellee.


OPINION

JACOBSON, Presiding Judge.

The sole substantive issue raised by this appeal is whether the preindictment delay in this case resulted in a denial of due process. Corollary to the substantive issue is whether the state has the right to appeal the dismissal in this case so as to call into question the ruling on the substantive issue.

On January 6, 1981, the Maricopa County Grand Jury returned an indictment against appellee/defendant Robert R....

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