STATE v. ROYLSTON

No. 2 CA-CIV 4691.

135 Ariz. 566 (1983)

663 P.2d 250

The STATE of Arizona, Petitioner, v. The Honorable Richard N. ROYLSTON, Judge of the Superior Court, In and For the County of Pima, and Willie Lee Watson, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 3, 1983.

Review Denied March 29, 1983.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Stephen L. Bosse, Deputy County Atty., Tucson, for petitioner.

J. Thomas Poore, Tucson, for real party in interest.


OPINION

HATHAWAY, Judge.

Real party in interest was indicted for violating A.R.S. § 13-1204(A)(2) and (B) (aggravated assault) and § 13-1805 (shoplifting). An allegation of dangerous nature was filed. Following a motion filed by the real party in interest, the respondent court granted the motion to dismiss the allegation of dangerous nature as to the real party in interest. The state has brought this special action to challenge that ruling. Because...

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