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STATE v. ROYLSTON

2 CA-CIV 4669.

135 Ariz. 271 (1983)

660 P.2d 872

The STATE of Arizona, Petitioner, v. Honorable Richard N. ROYLSTON, Judge of the Superior Court, Respondent, and Glenn M. Donahoe and Warren R. Biltoft, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

January 31, 1983.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Michael P. Callahan and William F. Mills, Deputy County Attys., Tucson, for petitioner.

Hirsh & Fines, P.C. by Robert J. Hirsh and Michael B. Bernays, Tucson, for real party in interest Donahoe.

Frederic J. Dardis, Pima County Public Defender by Michael J. Bloom, Asst. Public Defender, Tucson, for real party in interest Biltoft.

OPINION

HOWARD, Chief Judge.

Did the respondent court exceed its jurisdiction in striking an allegation of intracount prior convictions as to each of the real parties in interest? The state, in its petition for special action, contends that it did and we agree. Since the state had no adequate remedy by appeal and extraordinary relief is warranted, we assume jurisdiction.

Donahoe was indicted on four counts...

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