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STATE v. FLEISCHMAN

No. 2 CA-SA 88-0053.

157 Ariz. 11 (1988)

754 P.2d 340

The STATE of Arizona, Petitioner, v. The Hon. Lawrence FLEISCHMAN, Judge of the Superior Court of the State of Arizona, In and For the County of Pima, Respondent, and Alfonso SCHEMBRI, Real Party in Interest.

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

Review Denied June 1, 1988.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Rick A. Unklesbay, Tucson, for petitioner.

Lieberthal & Kashman, P.C. by Howard A. Kashman, Tucson, for real party in interest.

LIVERMORE, Presiding Judge.

This special action was taken from the trial court's order granting the real party in interest's motion to suppress. For the reasons set forth in this opinion, we accept jurisdiction and grant relief.

FACTS

Alfonso Schembri, the real party in interest, and his wife Isabel were the owners of a restaurant on East 22nd Street in Tucson. At approximately 3:35 p.m. on August 17, 1987, Schembri found his wife lying on the floor...

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