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STATE v. SUPERIOR COURT, COUNTY OF PIMA

Nos. CV-90-0471-SA, CV-90-0516-PR and CV-90-0491-SA.

168 Ariz. 469 (1991)

815 P.2d 396

STATE of Arizona, ex rel. Stephen D. NEELY, Petitioner, v. Hon. William N. SHERRILL, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF PIMA, Respondent. Lewis A. SEGELSON, Real Party in Interest. STATE of Arizona, ex rel. Stephen D. NEELY, Petitioner, v. Hon. Richard NICHOLS, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF PIMA, Respondent, Robert GANDARA, Real Party in Interest.

Supreme Court of Arizona, En Banc.

July 16, 1991.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Paul G. Lauritzen, Deputy County Atty., Tucson, for petitioner.

Susan A. Kettlewell, Pima County Public Defender by Peter J. Eckerstrom, Asst. Public Defender, Tucson, for real party in interest Segelson.

Law Offices of Jeffrey G. Buchella by Jeffrey G. Buchella, Tucson, for real party in interest Gandara.

OPINION

CORCORAN, Justice

Through these consolidated special action requests, the State of Arizona asks this court to resolve the following issue of statewide importance:

When a defendant absconds before or during a criminal trial, must the prosecution attempt to prove a prior conviction allegation to the trial jury after it returns its verdict on the underlying substantive charge, or may it attempt to prove the allegation to a different jury after...

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