JV-114246 v. SUPERIOR COURT

No. 1 CA-SA 88-140.

159 Ariz. 357 (1988)

767 P.2d 705

JV-114246, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Jesse B. Filkins, Jr., a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

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

Reconsideration Denied October 21, 1988.

Review Denied February 15, 1989.


Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by David Katz, Deputy Public Defender, Phoenix, for petitioner.

Thomas E. Collins, Maricopa County Atty. by Lon S. Taubman, Deputy County Atty., Phoenix, for respondent and real party in interest.


OPINION

FIDEL, Presiding Judge.

This case concerns the probable cause determination in a juvenile delinquency proceeding. We hold that the juvenile court improperly found probable cause for pretrial detention in the allegations of an unsworn police report.

FACTS

On July 6, 1988, the juvenile was charged with assault and disorderly conduct. The delinquency petition was signed and verified by a deputy county attorney. At an advisory hearing on...

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