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STATE EX REL. BERGER v. SUPERIOR COURT

No. 11604.

111 Ariz. 212 (1974)

526 P.2d 1234

STATE of Arizona ex rel. Moise BERGER, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Charles D. ROUSH, Honorable C. Kimball Rose, John Freeman, Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 13, 1974.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty., by J.P. Shaw, Deputy County Atty., Phoenix, for petitioner.

Ross P. Lee, Maricopa County Public Defender by John Foreman, Deputy Public Defender, Phoenix, for respondents.

CAMERON, Vice Chief Justice.

This is a petition for special action in the nature of a writ of certiorari to review the actions of the Superior Court of Maricopa County in dismissing a criminal complaint for lack of speedy trial and also for dismissing an indictment for lack of speedy trial.

We must consider only one question and that is, did the trial judge, while the defendant was still an adjudicated incompetent, have the jurisdiction to dismiss pending...

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