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STATE EX REL. COLLINS v. SUPERIOR COURT, MARICOPA CTY.

No. CV-87-0063-T.

157 Ariz. 71 (1988)

754 P.2d 1346

STATE of Arizona ex rel. Thomas E. COLLINS, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA; Hon. Edmund G. Noyes, a judge thereof, Respondent Judge. Charles Lee POST, Real Party in Interest.

Supreme Court of Arizona, En Banc.

Reconsideration Denied June 7, 1988.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Phoenix, for petitioner.

Dan Roth, Robert A. Dodell, Scottsdale, for real party in interest.

MOELLER, Justice.

JURISDICTION

By special action filed with the court of appeals, the state challenged the trial court's order dismissing an allegation of a prior conviction. We granted the court of appeals' petition to transfer the special action to this court. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), Rule 7(f), Arizona Rules of Procedure for Special Actions, and Rule 19, Arizona Rules of Civil Appellate Procedure.

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