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CRANMER v. STATE

No. 2 CA-CV-2002-0005.

63 P.3d 1036 (2003)

204 Ariz. 299

Eileen C. CRANMER, Plaintiff/Appellee, v. The STATE of Arizona, Real Party in Interest/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

January 28, 2003.

Attorney(s) appearing for the Case

Grasso Chilton, P.C., By Robert Grasso, Jr., Tempe, Attorneys for Appellant.

Janelle A. McEachern, Chandler, Attorney for Appellee.

OPINION

PELANDER, Judge.

¶ 1 The State of Arizona appeals from the superior court's order granting special action relief to appellee Eileen Cranmer, arguing that the court disregarded Rule 38, Ariz. R.Crim. P., 17 A.R.S., erroneously held an evidentiary hearing, and improperly substituted its judgment for that of the Apache Junction municipal court. Because we agree that the superior court incorrectly interpreted Rule 38 and abused its discretion...

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