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BARRS v. WILKINSON IN AND FOR MARICOPA

No. CV-95-0554-SA.

186 Ariz. 514 (1996)

924 P.2d 1033

Paul Ray BARRS, Petitioner, v. The Honorable Michael O. WILKINSON, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent, STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

October 17, 1996.

Attorney(s) appearing for the Case

Michael Terribile, P.C., Phoenix, for Petitioner.

Richard M. Romley, Maricopa County Attorney by Glenn B. McCormick, Diane E.W. Gunnels, Deputy County Attorneys, Phoenix, for Real Party in Interest.

OPINION

ZLAKET, Vice Chief Justice.

Defendant was arraigned April 3, 1995, on charges of first degree murder, armed robbery, and kidnapping. Pursuant to Rule 15.1(g)(1), Ariz.R.Crim.P., the state was required to provide notice of its intent to seek the death penalty within 30 days of arraignment. It did not do so until July 24, 1995, nearly three months late. The trial court, believing the delay to have been inadvertent, denied defendant's motion to strike...

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