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STATE v. SUPERIOR COURT, SANTA CRUZ CTY.

Nos. 2 CA-SA 87-0042, 2 CA-SA 87-0046.

154 Ariz. 624 (1987)

744 P.2d 725

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the STATE OF ARIZONA, In and For the COUNTY OF SANTA CRUZ, and the Honorable Jose M. Lerma, Judge Pro Tempore thereof, Respondents, and Manuel PUIG, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Reconsiderations Denied July 7, 1987.

Review Denied October 6, 1987.

Attorney(s) appearing for the Case

Jose Luis Machado, Santa Cruz Co. Atty., Nogales, for petitioner.

William Rothstein, Nogales, for real party in interest.

OPINION

HOWARD, Presiding Judge.

The real party in interest in these special actions is the defendant in a criminal case below, who is charged with one count of sexual abuse in violation of A.R.S. § 13-1404, a class 5 felony, and two counts of sexual assault in violation of A.R.S. § 13-1406, class 2 felonies. Following defendant's first trial, the jury delivered guilty verdicts on all charges. Subsequently, on the defendant's motion, the court granted...

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