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STATE v. LOPEZ

Nos. 2 CA-CR 3412, 2 CA-CR 3413-2.

145 Ariz. 193 (1985)

700 P.2d 891

The STATE of Arizona, Appellant, v. Raymond Ernesto LOPEZ, Appellee.

Court of Appeals of Arizona, Division 2.

Review Denied April 16, 1985.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Cindy K. Jorgenson, Tucson, for appellant.

Frederic J. Dardis, Pima County Public Defender by Lawrence H. Fleischman, Tucson, for appellee.

OPINION

HOWARD, Judge.

The issue in this case is whether the trial court abused its discretion in dismissing the case with prejudice for alleged prosecutorial misconduct. We find that it did and vacate the order of dismissal.

The record shows that the defendant was arrested on May 20, 1983, based on a complaint made by Margaret Molina. Mrs. Molina had reported to police that she had observed the defendant, her live-in boyfriend, fondling her seven...

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