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STATE v. MEROLLE

No. 1 CA-CR 10-0202.

251 P.3d 430 (2011)

STATE of Arizona, Appellant, v. Raymond MEROLLE, Jr., Appellee.

Court of Appeals of Arizona, Division 1, Department B.

As Amended June 1, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne , Attorney General, By Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, Michael T. O'Toole , Assistant Attorney General, Phoenix, Attorneys for Appellant.

James J. Haas , Maricopa County Public Defender By Thomas K. Baird , Deputy Public Defender, Phoenix, Attorneys for Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 The superior court granted an untimely motion by Raymond Merolle, Jr., to dismiss an indictment with prejudice based on prosecutorial misconduct during the grand jury proceedings. Under the case authorities, we must reverse because the superior court lacked the power to grant the untimely motion.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 A grand jury indicted...

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