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STATE EX REL. MONTGOMERY v. HARRIS

No. 1 CA-SA 12-0211.

301 P.3d 580 (2013)

STATE of Arizona, ex rel. William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Myra HARRIS, Commissioner of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Commissioner, Hrach Shilgevorkyan, Real Party in Interest.

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

February 12, 2013.

Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney, By Andrea L. Kever , Deputy County Attorney, Phoenix, Attorneys for Petitioner.

Kimerer & Derrick, P.C. By Michael Alarid, III , Phoenix, Attorneys for Real Party in Interest.

OPINION

BROWN, Judge.

¶ 1 In this special action, the State challenges the superior court's decision affirming the Arcadia Justice Court's order dismissing a misdemeanor complaint under Arizona Rule of Criminal Procedure 16.6(b). For the following reasons, we disagree with the superior court's determination that the complaint is insufficient as a matter of law.

BACKGROUND

¶ 2 In...

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