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STATE v. MALDONADO

No. CR-09-0179-PR.

223 P.3d 653 (2010)

STATE of Arizona, Appellee, v. Frank R. MALDONADO, Appellant.

Supreme Court of Arizona, En Banc.

January 7, 2010.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Michael T. O'Toole, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James J. Haas, Maricopa County Public Defender by Karen M. Noble, Deputy Public Defender, Phoenix, Attorneys for Frank R. Maldonado.

OPINION

BALES, Justice.

¶ 1 We hold that the State's failure to file an information before trial did not deprive the superior court of subject matter jurisdiction or constitute fundamental error.

I.

¶ 2 Frank R. Maldonado was charged by direct complaint with possession of cocaine. After a preliminary hearing, the superior court found probable cause to hold him for trial. That day...

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