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STATE v. CARRUTH

No. 2 CA-SA 88-0124.

160 Ariz. 573 (1988)

774 P.2d 1363

The STATE of Arizona, Petitioner, v. The Honorable James CARRUTH, Judge of the Superior Court, In and For the County of Pima, State of Arizona, Div. V, Respondent. and Anthony LUZANILLA and Lee Emil Engebretson, Real Parties in Interest.

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

Review Denied July 17, 1989.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Thomas J. Zawada, Tucson, for petitioner.

Pima County Legal Defender by Michael J. Cruikshank, Tucson, for real party in interest Luzanilla.

Marshall D. Tandy, Tucson, for real party in interest Engebretson.

OPINION

HOWARD, Judge.

This special action was taken from the order of the trial court denying the state's motion to depose the real parties in interest pursuant to Ariz.R.Crim.P. 15.3, 17 A.R.S. The petition presents a question pertaining to the applicability of the immunity statute, A.R.S. § 13-4064, to the criminal discovery rules. Because the state has no equally plain, speedy or adequate remedy by appeal, we accept jurisdiction.

The factual...

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