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DESMOND v. SUPERIOR COURT

Nos. CV-88-0416-SA, CV-88-0439-SA.

161 Ariz. 522 (1989)

779 P.2d 1261

Donald Lee DESMOND, Petitioner, v. SUPERIOR COURT of MARICOPA COUNTY, and the Honorable Rudolph J. Gerber, a judge thereof; Mesa City Court, and the Honorable Harold Reeb, a judge thereof, Respondents, and STATE of Arizona, By and Through the MESA CITY PROSECUTOR, Respondent/Real Party in Interest. Robert Ward DAVID, Petitioner, v. SUPERIOR COURT of YAVAPAI COUNTY, and the Honorable Richard Anderson, a Judge thereof; Prescott City Court, and the Honorable Robert W. Kuebler, a Magistrate thereof, Respondents, and STATE of Arizona, By and Through the PRESCOTT CITY PROSECUTOR, Respondent/Real Party in Interest.

Supreme Court of Arizona, In Banc.

Reconsideration Denied September 26, 1989.

Attorney(s) appearing for the Case

Michael J. Dew, Phoenix, for petitioners Donald Lee Desmond and Robert Ward David.

Lowell D. Hamilton, Mesa City Prosecutor by Kevin R. Hays, Chief Asst. City Prosecutor, Mesa, for respondents/real parties in interest.

Roderick G. McDougall, Phoenix City Prosecutor by Mark L. Barry, and M. Regina Huerta, Asst. City Prosecutors, Phoenix, amicus curiae.

Frederick S. Dean, Tucson City Atty. by R. William Call, Asst. City Atty., Tucson, amicus curiae.

Roger J. Blake, Phoenix, amicus curiae.

Richard M. Gerry, P.C. by Richard M. Gerry, Phoenix, amicus curiae.

CAMERON, Justice.

I. JURISDICTION

Donald Lee Desmond and Robert Ward David petitioned this court for writs of special action. We accepted jurisdiction and consolidated the two matters. We also allowed the filing of amici curiae briefs. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5 and Ariz.R.P.Sp. Act. 4.

II. QUESTION PRESENTED

In accepting the petitions for special action, we ordered the parties to submit supplemental...

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