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

No. 2 CA-CIV 2416.

121 Ariz. 341 (1977)

590 P.2d 457

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR The COUNTY OF PIMA, and the Honorable Robert Roylston, Judge of the Superior Court, Respondents, and James Lee Baker, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 28, 1977.

Review Denied March 29, 1977.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Thomas A. Letnes, II, Deputy County Atty., Tucson, for petitioner.

Risner, Raven & Keller by Peter B. Keller, Tucson, for real party in interest.

OPINION

RICHMOND, Judge.

The state brings this challenge to the trial court's granting of the real party in interest's motion for a new finding of probable cause. Since there is no remedy by appeal, and because we believe the trial court abused its discretion, we grant relief.

The real party in interest, Baker, earlier convicted of the misdemeanor of receiving stolen property, was re-arrested in September...

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