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STATE v. MELENDEZ

No. 2 CA-CR 90-0633.

168 Ariz. 275 (1991)

812 P.2d 1093

The STATE of Arizona, Appellant, v. Ruben MELENDEZ, Appellee.

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

Review Granted as to Issue A and Denied as to Issues B and C July 17, 1991.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Jill Thorpe, Tucson, for appellant.

James W. Cochran, Tucson, for appellee.

OPINION

HOWARD, Judge.

Appellee's trial for murder has been stayed pending this appeal by the state of the trial court's granting of appellee's motion to suppress evidence seized from his prison cell and to preclude testimony by his inmate representative. We vacate and remand.

In March 1989, a Pima County Grand Jury indicted both appellee and his prison cellmate for the 1987 murder in the first degree of another inmate.1

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