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STATE EX REL. THOMAS v. RAYES

No. CV-06-0303-PR.

153 P.3d 1040 (2007)

STATE of Arizona ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable Douglas L. RAYES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Anthony James Reynaga, Real Party in Interest.

Supreme Court of Arizona, En Banc.

March 20, 2007.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by David E. Wood, Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Susan Sherwin, Office of the Legal Advocate by James Logan, Deputy Legal Advocate, Thomas J. Dennis, Deputy Legal Advocate, Phoenix, Attorneys for Anthony James Reynaga.

Lewis and Roca LLP by James J. Belanger, Elias P. Batchelder, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

OPINION

HURWITZ, Justice.

¶ 1 This case requires us to determine whether, in a pretrial proceeding, the superior court can order reinstatement of an expired plea offer upon finding that defense counsel engaged in excusable neglect by failing to convey the offer to her client.

I.

¶ 2 In April 2004, Anthony James Reynaga was charged with theft of means of transportation. On July 6, 2005, a Maricopa County grand jury indicted Reynaga...

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