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STATE v. JONES EX REL. COUNTY OF MARICORA

No. 1 CA-SA 00-0039.

6 P.3d 323 (2000)

198 Ariz. 18

STATE of Arizona, and Richard M. Romley, Maricopa County Attorney, Petitioner, v. The Honorable Michael D. JONES, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent Judge, John William Roche, Real Party in Interest.

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

Reconsideration Denied June 27, 2000.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

George M. Sterling, Jr., Phoenix, Attorney for Real Party in Interest.

OPINION

EHRLICH, Judge.

¶ 1 We accepted jurisdiction of this special action to decide whether the rule of corpus delicti applies to a preliminary hearing. We conclude that it does not, and we therefore grant the relief requested by the State.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 On the evening of October 15, 1999, Phoenix Police Officer Dave Szenyes positioned himself in the...

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