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STATE v. SUPERIOR COURT OF MARICOPA COUNTY, ETC.

No. 12734.

113 Ariz. 432 (1976)

556 P.2d 6

The STATE of Arizona, Petitioner, v. The SUPERIOR COURT OF MARICOPA COUNTY, Arizona, the Honorable Fred J. Hyder, Judge of the Superior Court Maricopa County, Arizona, and Andrew GIORANELLA, Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

October 20, 1976.

Attorney(s) appearing for the Case

Moise Berger, Former Maricopa County Atty., Donald W. Harris, Maricopa County Atty. by Herbert Williams, Deputy County Atty., Phoenix, for petitioner.

Ross P. Lee, Maricopa County Public Defender by Mary McAuliffe, Duputy Public Defender, Phoenix, for real party in interest.

HOLOHAN, Justice.

The state by this special action challenges the order of the respondent superior court judge in dismissing with prejudice the criminal charges against the respondent real party in interest Andrew Gioranella.

Respondent Gioranella was charged by information with the crimes of assault with a deadly weapon and kidnapping. On March 3, 1975, defense counsel filed a motion to determine defendant's mental...

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