STATE v. WINKLER

No. 2 CA-SA 93-0101.

176 Ariz. 212 (1993)

859 P.2d 1345

The STATE of Arizona, Petitioner/Cross-Real Party in Interest, v. The Hon. Richard A. WINKLER, a Judge for the Superior Court of the State of Arizona, County of Cochise, Respondent, and George James GAUGHAN, Real Party in Interest/Cross-Petitioner.

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

September 28, 1993.


Attorney(s) appearing for the Case

Alan K. Polley, Cochise Co. Atty. by Vincent J. Festa, Bisbee, for petitioner/cross-real party in interest.

Laura Cardinal, Cochise County Legal Defender by Robert N.D. Pomeroy, Bisbee, for real party in interest/cross-petitioner.


OPINION

DRUKE, Chief Judge.

In this special action, the State of Arizona seeks relief from the trial court's ruling in the underlying criminal action against real party in interest George James Gaughan that it would give the Recommended Arizona Jury Instruction (RAJI) on hindering prosecution, RAJI 25.12, rather than the state's requested instruction. Because we conclude that RAJI 25.12 is an incorrect statement of the law, because the question is one of statewide...

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