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KIZZAR v. SUPERIOR COURT

No. 1 CA-SA 97-0122.

953 P.2d 175 (1997)

191 Ariz. 135

Melva Dawn KIZZAR, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF NAVAJO, the Honorable Michael C. Nelson, a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

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

June 19, 1997.

Attorney(s) appearing for the Case

The Law Office of William D. Shostak by William D. Shostak, Chandler, for Petitioner.

Melvin R. Bowers, Jr., Navajo County Attorney by David Brown, Deputy County Attorney, Holbrook, for State of Arizona.

OPINION

TOCI, Judge.

Melva Dawn Kizzar sought special action review of the respondent judge's denial of her motion to dismiss a three-count complaint against her on the ground that it alleged as prior convictions two convictions that occurred after the complaint was filed. We issue this opinion to correct an erroneous interpretation of Ariz.Rev.Stat. Ann. ("A.R.S.") section 13-604(E) governing allegations of prior misdemeanor convictions to enhance...

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