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STATE EX REL. McDOUGALL v. STROHSON

No. CV-97-0118-SA.

945 P.2d 1251 (1997)

190 Ariz. 120

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner. v. Hon. Malcolm STROHSON, Magistrate of the Municipal Court of Phoenix, Arizona, Respondent, and Dale W. CANTRELL, Real Party in Interest.

Supreme Court of Arizona, En Banc.

September 4, 1997.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Attorney by Ronald Ozer, Assistant Phoenix City Prosecutor, Phoenix, for Petitioner.

Neal W. Bassett, Phoenix, for Dale W. Cantrell.

Lowell D. Hamilton, Mesa City Prosecutor by R. Kevin Hays, Chief Assistant City Prosecutor, Mesa, for Amicus Curiae Mesa City Prosecutor's Office.

OPINION

MOELLER, Justice.

PROCEDURAL HISTORY

Respondent Dale W. Cantrell was charged in Phoenix Municipal Court with simple assault, a class 1 misdemeanor, in violation of A.R.S. § 13-1203(A)(1). The victim of the alleged assault was the sixteen-year-old son of respondent's girlfriend. In accordance with Arizona's domestic violence statutes, A.R.S. §§ 13-3601 and 13-3602, the complaint designated the offense to be "domestic

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