CACAVAS v. BOWEN

No. 2 CA-SA 91-0020.

168 Ariz. 114 (1991)

811 P.2d 366

Dorian CACAVAS, Mark Calaluca, Claudio Guevara, Shannon Harris, Rafael Lopez, Manuel Morales, Linda Oldham, Timothy Riley, Nate Rostance, Patrick Shelby, Rod Silverman, Gregory Withey, Alta Grover, Kartina Montano, Petitioners, v. The Honorable Ann BOWEN, a Magistrate for the City Court of Tucson, In 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.

Review Denied May 21, 1991.


Attorney(s) appearing for the Case

City of Tucson Public Defender by Frances T. Lynch, Tucson, for petitioners.

Frederick S. Dean, Tucson City Atty. by R. William Call, and Catherine K. Weidman, Tucson, for respondent.


OPINION

HATHAWAY, Judge.

Petitioners, criminal defendants in underlying proceedings before the City Court of Tucson, seek special action relief from the orders of the respondent magistrate denying their motions to dismiss on the grounds that A.R.S. § 28-692(A)(2) is unconstitutional. Because this is a matter of statewide importance and because the issues relate to legal questions as opposed to controverted issues of fact, we accept jurisdiction. University...

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