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STATE v. ARAGÓN IN AND FOR COUNTY OF PIMA

No. 2 CA-SA 2020-0031.

473 P.3d 358 (2020)

The STATE of Arizona, Petitioner, v. Hon. Gus ARAGÓN, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent, and Max Fontes, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed August 14, 2020.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, By Joshua Moser , Assistant Attorney General, Tucson, Counsel for Petitioner.

John D. Kaufmann , Tucson, Counsel for Real Party in Interest.

Judge Eckerstrom authored the opinion of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.

OPINION

¶1 In this special-action proceeding, the state seeks review of the respondent judge's order concluding the real party in interest, Max Fontes, is entitled to a jury instruction on superseding cause and to present evidence that the victims had not been properly restrained when Fontes struck their vehicle...

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