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STATE v. MARKS

No. 1 CA-CR 94-0862.

186 Ariz. 139 (1996)

920 P.2d 19

STATE of Arizona, Appellee, v. Richard MARKS, Jr., Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied July 2, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Linda L. Knowles, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, for Appellant.

OPINION

FIDEL, Judge.

We address a novel procedural issue that has arisen in the case of a juvenile transferred for prosecution as an adult. This panel recently affirmed the defendant's conviction as an adult on two counts of attempted second degree murder. By a subsequent motion, however, the defendant has informed us that, in a separate appeal eight months earlier, a different panel set aside the juvenile...

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