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STATE v. FENDLER

No. 1 CA-CR 3400.

127 Ariz. 458 (1980)

622 P.2d 17

STATE of Arizona, Appellant, v. Robert H. FENDLER and James R. Holman, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied November 19, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer, III, Chief Counsel, Criminal Division, Philip J. MacDonnell, Director, Sp. Prosecutions Division, Michael C. Cudahy, Asst. Atty. Gen., Samuel P. Goddard, III, Former Asst. Atty. Gen., Phoenix, for appellant.

Southern & Mulhall by E. Reid Southern, Phoenix, and Thomas E. Horn, San Francisco, Cal., for Fendler.

Robert L. Storrs, Phoenix, for Holman.

OPINION

WREN, Vice Chief Judge.

This is an appeal by the State of Arizona from a post-verdict order of the Superior Court dismissing count one of the indictment on the basis that it charged multiple conspiracies in a single count (duplicity).

On March 7, 1977, Robert H. Fendler and James R. Holman were charged in a seventeen count indictment with criminal conduct in connection with the operation of several financial institutions headquartered in Phoenix...

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