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STATE v. HANNAH

No. 2 CA-CIV 3555.

126 Ariz. 578 (1980)

617 P.2d 530

The STATE of Arizona, Petitioner, v. The Honorable J. Richard HANNAH, Judge of the Superior Court, Division Twelve, in and for the County of Pima, State of Arizona, Respondent, and O'Neal Harris, Real Party In Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 23, 1980.

Review Granted May 13, 1980.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by D. Jesse Smith, Deputy County Atty., Tucson, for petitioner.

Armand Salese, Tucson, for real party in interest.

OPINION

HOWARD, Judge.

The state brought this special action to challenge the respondent court's dismissal of an allegation of prior convictions filed against the real party in interest. We believe the trial court exceeded its jurisdiction and, because the state has no adequate remedy by appeal, we assume jurisdiction and grant relief.

The real party in interest is charged in the instant case with three Class 2 felonies, all alleged to have been committed...

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