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STATE v. FELL

No. 2 CA-SA 2007-0067.

171 P.3d 193 (2007)

The STATE of Arizona, Petitioner, v. Hon. Howard FELL, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Angela Edwards Frye, Real Party in Interest.

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

September 7, 2007.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Petitioner.

Nesci, St. Louis & West, P.L.L.C. By Joseph P. St. Louis, Tucson, Attorneys for Real Party in Interest.

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 In this special action proceeding, petitioner State of Arizona asks this court to reverse the respondent judge's order of June 4, 2007. That order remanded the charges in the underlying criminal action for a new determination of probable cause pursuant to Rule 12.9, Ariz. R.Crim. P., 16A A.R.S., after real party in interest Angela Edwards Frye filed a motion to dismiss the indictment. The state does not...

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