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STATE v. JOHNSON

No. 3366.

113 Ariz. 506 (1976)

557 P.2d 1063

The STATE of Arizona, Appellee, v. James Elmer JOHNSON, Appellant.

Supreme Court of Arizona, In Banc.

October 21, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer III and Galen H. Wilkes, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Rudy J. Gerber, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Chief Justice.

The defendant appeals from a judgment of guilt for the crime of second degree murder. A.R.S. § 13-452. He waived his right to trial by jury and the case was tried to the court which found the defendant guilty and imposed a sentence of not less than twenty years nor more than life in the Arizona State Prison.

The issues on appeal are:

1. Whether the State can be granted ex parte dismissal of a criminal complaint without...

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