MALOTT v. MILLER

No. 2 CA-SA 89-0106.

162 Ariz. 239 (1989)

782 P.2d 715

John Davies MALOTT, Petitioner, v. The Honorable Leslie B. MILLER, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, and The STATE of Arizona, Real Party in Interest.

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

Reconsideration Denied November 13, 1989.


Attorney(s) appearing for the Case

Susan A. Kettlewell, Pima County Public Defender by Clay Hernandez, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Sandra M. Hansen, Tucson, for real party in interest.


OPINION

HOWARD, Judge.

Petitioner brought this special action after the trial court overruled his objection to the questioning of the jury and its returning for further deliberation, eventually resulting in a verdict of guilty of burglary in the second degree. Because we believe the trial court's actions were an abuse of its discretion and in excess of its jurisdiction, we assume jurisdiction and grant relief.

Petitioner is the defendant in Pima County...

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