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STATE v. McPHERSON

No. 1 CA-CR 12345.

158 Ariz. 502 (1988)

763 P.2d 998

STATE of Arizona, Appellant, v. Malcolm D. McPHERSON, Appellee.

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

October 27, 1988.

Attorney(s) appearing for the Case

John Verkamp, Coconino Co. Atty. by Jon W. Thompson, Deputy Co. Atty., Flagstaff, for appellant.

Aspey, Watkins & Diesel by Mark R. Moran, Sedona, for appellee.

OPINION

HAIRE, Presiding Judge.

The defendant, Malcolm McPherson, was charged with armed residential burglary, theft, and criminal damage. The trial court, Judge Mangum, dismissed the charges pursuant to Rule 11.6(e), Arizona Rules of Criminal Procedure. The state has appealed, raising the following arguments:

1. The trial court erroneously found that McPherson was permanently incompetent and that the charges against him were comparatively minor, and...

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