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WILKEY v. SUPERIOR COURT

No. 2 CA-CIV 2538.

115 Ariz. 526 (1977)

566 P.2d 327

James Thomas WILKEY, Charles Patrick Roberts, Robert Lynn Gentry, Joseph Patsy Galioto, David Eugene Skinner, John Clark Leonard II, Ronald Johnson, Mark Balfour Norman, Michael Lawrence Norman, Secundino Barcelo Cocio, Jeffrey Allen Long, Joe Louis Reyes, Steven C. Thompson and Robert Vierra Ferreira, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and the Honorable Robert B. Buchanan, a Judge thereof, Respondents. The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 22, 1977.

Attorney(s) appearing for the Case

Bolding, Oseran & Zavala by Richard Oseran, Tucson, for petitioners Wilkey and Roberts.

Robert J. Hooker, Tucson, for petitioner Gentry.

Aron & Fioramonti by John A. Fioramonti, Tucson, for petitioner Galioto.

Jesse J. Figueroa, Tucson, for petitioner Skinner.

Stolkin, Weiss & Tandy by Ronald J. Stolkin, Tucson, for petitioner Leonard II.

Hirsh & Shiner, P.C. by James A. Shiner and Robert J. Hirsh, Tucson, for petitioner Johnson.

Thomas Meehan, Tucson, for petitioners Norman.

John M. Neis, Pima County Public Defender by Allen G. Minker, Asst. Public Defender, Tucson, for petitioner Cocio.

Law Offices of Erik M. O'Dowd by Bruce A. Burke, Tucson, for petitioner Reyes.

Healy & Beal, P.C. by William T. Healy and Jeffrey W. Hanes, Tucson (Associated Counsel), for petitioner Long.

John D. Kaufmann, Tucson, for petitioner Thompson.

Martin & Davis by Thomas G. Martin, Tucson, for petitioner Ferreira.

Stephen D. Neely, Pima County Atty. by Frank W. Frey and Charles S. Sabalos, Deputy County Attys., Tucson, for real party in interest The State of Arizona.

OPINION

RICHMOND, Judge.

Petitioners bring this special action alleging the trial court abused its discretion in denying their motion for a new finding of probable cause. We take jurisdiction and grant relief.

The indictments being questioned are those returned by the Pima County Grand Jury on January 13, 1977, in two cases. Petitioners filed a motion to dismiss or in the alternative to remand for new findings of probable cause because of numerous...

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