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MILLER v. SUPERIOR COURT, IN & FOR CTY. OF PIMA

No. 2 CA-CIV 2374.

114 Ariz. 130 (1976)

559 P.2d 686

Martin Robert MILLER, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and the Honorable Jack T. Arnold, Judge of the Superior Court, Respondents; The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 31, 1976.

Review Denied January 25, 1977.

Attorney(s) appearing for the Case

John M. Neis, Pima County Public Defender by Donald H. Bayles, Jr., Asst. Public Defender, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Thomas C. Reed, Deputy County Atty., Tucson, for respondents and real party in interest.

OPINION

HATHAWAY, Judge.

Petitioner seeks an order from this court dismissing his indictment under A.R.S. Sec. 13-1580, committing a felony while on bail or own recognizance. Because there are conflicting views on the issue as expressed in separate divisions of the Pima County Superior Court, and since we believe that petitioner is being charged with a "crime" which did not exist on August 20, 1976, we assume jurisdiction...

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