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POOL v. SUPERIOR COURT

No. 17041-SA.

139 Ariz. 98 (1984)

677 P.2d 261

Steven Randall POOL and Bruce Kevin Phillips, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA and the Honorable Philip Fahringer, Judge of the Superior Court, Respondents, The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

Reconsideration Denied February 22, 1984.

Attorney(s) appearing for the Case

Nat Schaye, Tucson, for petitioner Pool.

Frederic J. Dardis, Pima County Public Defender by Michael S. Mussman, Tucson, for petitioner Phillips.

Stephen D. Neely, Pima County Atty. by Thomas J. Zawada, Deputy County Atty., Tucson, for real party in interest.

FELDMAN, Justice.

Steven Pool (defendant) and Kevin Phillips (who received permission to intervene) were charged with "a violation of A.R.S. § 13-1802" (theft). At trial, defendant objected to the conduct of the prosecutor and moved for a mistrial; the motion was granted. The prosecution then obtained a second indictment, specifying other charges, which was dismissed without prejudice. The prosecution now seeks to try...

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