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PRICE v. MAXWELL

No. 2 CA-CIV 4780.

140 Ariz. 314 (1983)

681 P.2d 466

Roger W. PRICE, Plaintiff/Appellee, v. Hon. Margaret L. MAXWELL, Magistrate, Tucson City Court, Respondent, and STATE of Arizona, Real Party in Interest/Appellant.

Court of Appeals of Arizona, Division 2.

Reconsideration Denied January 6, 1984.

Review Granted February 22, 1984.

Attorney(s) appearing for the Case

Lieberthal & Kashman, P.C. by Howard A. Kashman, Tucson, for plaintiff/appellee.

Frederick S. Dean, Tucson City Atty. by Susan R. Agrillo, Asst. City Atty., Tucson, for real party in interest/appellant.

OPINION

HATHAWAY, Judge.

This appeal requires us to determine the scope of the exception to the statute of limitations in criminal actions which permits the commencement of a new prosecution beyond the period of limitations where the original complaint has been dismissed "for any error, defect, insufficiency or irregularity...." A.R.S. § 13-107(F).

Appellee was charged on May 27, 1981, with driving while intoxicated in violation of A.R.S. §...

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