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STATE v. GONZALES-PEREZ

No. 2 CA-CR 2001-0067.

62 P.3d 126 (2003)

204 Ariz. 200

The STATE of Arizona, Appellant, v. Fernando GONZALES-PEREZ aka Gilardo Felix-Araujo and Carlos Enrique Ramos, Appellees.

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

Redesignated as Opinion January 30, 2003.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Elizabeth Hurley, Tucson, Attorneys for Appellant.

Law Office of Walter P. Nash III, P.C. By William J. Kirchner, Tucson, Attorneys for Appellee Gonzales-Perez.

Polis & Hartshorne, P.C. By Bertram Polis, Tucson, Attorneys for Appellee Ramos.

OPINION

ESPINOSA, Chief Judge.

¶ 1 Defendants Fernando Gonzales-Perez, aka Gildardo Felix-Araujo, and Carlos Enrique Ramos were each charged with one count of sale of a narcotic drug. Following the state's repeated failures to meet disclosure deadlines, the trial court granted the state's motion to dismiss the indictment but, over the state's objection and its request to withdraw the motion, did so with prejudice as a sanction for the state's...

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