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STATE v. GIN

No. 2 CA-CIV 3230.

122 Ariz. 438 (1979)

595 P.2d 670

The STATE of Arizona, Petitioner, v. The Honorable Harry GIN, Judge of the Superior Court in and for the County of Pima, State of Arizona, Respondent, and Arleen Roberta Alvarez, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 16, 1979.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by Julia W.S. Anderson, Deputy County Atty., Tucson, for petitioner.

Richard S. Oseran, Pima County Public Defender, by Michael J. Addis, Asst. Public Defender, Tucson, for real party in interest.

OPINION

RICHMOND, Chief Judge.

The state has brought a special action to challenge the ruling of the respondent court permitting the real party in interest to withdraw her waiver of a jury trial after the state had offered documentary exhibits pursuant to an agreement to submit the case on that evidence and the testimony of one witness. We assume jurisdiction and grant relief.

The real party in interest was charged with two counts of unlawful sale...

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