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STATE v. DEDDENS, IN AND FOR COUNTY OF COCHISE

No. 2 CA-CIV 2925.

119 Ariz. 156 (1978)

579 P.2d 1126

The STATE of Arizona, Petitioner, v. The Honorable Anthony T. DEDDENS, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF COCHISE, Respondent, and Frederico ESTRADA, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

May 31, 1978.

Attorney(s) appearing for the Case

Beverly H. Jenney, Cochise County Atty. by Gerald F. Till and Joseph M. Fuller, Deputy County Attys., Bisbee, for petitioner.

Arthur C. Atonna, Douglas, for Real Party in Interest.

OPINION

RICHMOND, Chief Judge.

Petitioner brings this special action to challenge the denial by the respondent court of its motion to amend an indictment to allege a prior conviction. We assume jurisdiction and grant relief.

The real party in interest is the defendant in cause No. 9641, charged with possession of marijuana for sale. He had been convicted in Pinal County in 1975 of sale of marijuana, a felony. On April 6, 1978, the petitioner filed...

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