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STATE v. SUPERIOR COURT OF ST. OF ARIZONA

No. 2 CA-CIV 3252.

124 Ariz. 290 (1979)

603 P.2d 917

The STATE of Arizona, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, IN AND FOR the COUNTY OF PIMA, and the Honorable Robert O. Roylston, Judge of the Superior Court, Division III, Respondent, and Rosario GRANDINETTI and Shelly Hendrix, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 5, 1979.

Review Granted September 25, 1979.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by Jeffrey D. Ross, Deputy County Atty., Tucson, for petitioner.

Charles L. Weninger, Tucson, for real party in interest Grandinetti.

Thikoll, Johnston & Rosen, by Leon Thikoll, Tucson, for real party in interest Hendrix.

OPINION

HATHAWAY, Judge.

The state has brought this special action to challenge the respondent court's entry of modified verdicts finding the real parties in interest guilty of armed robbery, rather than armed robbery while armed with a gun. Since the state is without a remedy by appeal, and because we believe the court acted in excess of its jurisdiction, we assume jurisdiction and grant relief.

The real parties in interest are defendants in Pima...

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