STATE v. DRUKE

No. 2 CA-CIV 2454.

115 Ariz. 224 (1977)

564 P.2d 913

The STATE of Arizona, Petitioner, v. The Honorable William E. DRUKE, Judge of the Superior Court, Pima County, Arizona, a body politic and corporate, James Ronald Bailes and Darryl Scott Phillips, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 17, 1977.

Review Denied April 5, 1977.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Karen Aubrey and William R. Stevens, Jr., Deputies County Atty., Tucson, for petitioner.

Harley Kurlander, Tucson, for respondent Bailes.

Jeffrey W. Hanes, Tucson, for respondent Phillips.


HATHAWAY, Judge.

Did the respondent court abuse its discretion in granting a criminal defendant's motion to sever? Since we agree with the state that this question must be answered in the affirmative, we assume jurisdiction.

Briefly, the procedural chronology is as follows. By information filed September 15, 1976, Bailes and Phillips were jointly charged with four offenses: kidnap for rape, first degree rape, grand theft of a motor vehicle, and robbery. The...

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