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STATE EX REL. CORBIN v. SUPERIOR COURT

No. 1 CA-SA 167.

155 Ariz. 365 (1987)

746 P.2d 937

STATE of Arizona, ex rel. Robert K. CORBIN, Attorney General, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, Honorable Rudolph J. Gerber, a Judge Thereof, Respondent Judge, and James Robert BURRUS, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied January 12, 1988.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Lisa T. Hauser, Asst. Atty. Gen., Phoenix, for petitioner.

Allen, Kimerer & LaVelle by Michael D. Kimerer, Gary Davidson, Phoenix, for real party in interest.

OPINION

GRANT, Judge.

We are asked to decide whether the indictment against Burrus has been properly dismissed for the third time by the trial court.

This case began on May 15, 1979, when Burrus was charged by indictment with one count of fraudulent scheme and five counts of forgery. The case first came to this court as an appeal by the state from the trial court's order of May 22, 1981, dismissing the indictment, with prejudice, for failure "to bring...

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