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STATE v. SMITH

No. 4347-PR.

121 Ariz. 490 (1979)

591 P.2d 978

STATE of Arizona, Appellee, v. Leroy C. SMITH, Jr., Appellant.

Supreme Court of Arizona, In Banc.

February 23, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., John A. LaSota, Jr., Former Atty. Gen., Galen H. Wilkes, Asst. Atty. Gen., Charles F. Hyder, Maricopa County Atty., Randy Ellexson, Deputy County Atty., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, Anne Kappes, Deputy Public Defender, Phoenix, for appellant.

GORDON, Justice:

We granted defendant's petition for review of a denial by the Court of Appeals of his motion for rehearing. Taking jurisdiction pursuant to 17A A.R.S., Arizona Supreme Court Rules, rule 47(b), we vacate the order denying defendant's motion for rehearing and remand the matter to the Court of Appeals for a decision on the motion's merits.

The sole issue before us is whether 17 A.R.S., Rules of Criminal Procedure, rule 1.3, which adds five days...

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