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STATE EX REL. ROMLEY v. SUPERIOR COURT

No. CV-90-0271-PR.

168 Ariz. 167 (1991)

812 P.2d 985

STATE of Arizona, ex rel., Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Stephen Ventre, a judge thereof, Respondent Judge. Richard Eugene STEWART, Real Party in Interest.

Supreme Court of Arizona, En Banc.

Reconsideration Denied July 16, 1991.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty., Phoenix, H. Allen Gerhardt, Jr., Deputy Pinal County Public Defender, [Former Deputy Maricopa County Attorney], Florence for petitioner.

Dean W. Trebesch, Maricopa County Public Defender, Stephen M.R. Rempe, Deputy Maricopa County Public Defender, Phoenix, for real party in interest.

OPINION

GORDON, Chief Justice.

The State petitioned for review of the court of appeals' decision declining special action jurisdiction. The petition for review raised the issue of whether a criminal defendant may waive a preliminary hearing over the objection of the State, even though Ariz.R.Crim.P. 5.1(b), 17 A.R.S., requires the prosecutor's signature on the waiver form. We remanded the matter to the trial court for a preliminary hearing and granted review...

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