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HOLMBERG v. LEON

No. CV-97-0017-PR.

938 P.2d 1110 (1997)

189 Ariz. 109

Anthony Allan HOLMBERG, Petitioner, v. Hon. Armando De LEON, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, STATE of Arizona, ex rel. Richard ROMLEY, Maricopa County Attorney, Real Party in Interest.

Supreme Court of Arizona, En Banc.

May 22, 1997.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney, Phoenix by Diane E.W. Gunnels, Deputy County Attorney, for State of Arizona.

Dean W. Trebesch, Maricopa County Public Defender, Phoenix by Darius M. Nickerson, Nancy E. Hines, Deputy Public Defenders, for Anthony Allan Holmberg.

OPINION

MARTONE, Justice.

Rule 15.1(g)(1), Ariz. R.Crim. P., requires a prosecutor to provide the defendant notice of intent to seek the death penalty "no later than 30 days after the arraignment in superior court." The question before us is whether notice given one year and three months after the arraignment is a particularly egregious violation of the rule. We hold that it is.

I. Background

Anthony Allan Holmberg was indicted on two counts...

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