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STATE v. CITY COURT OF CITY OF TUCSON

No. 15604-PR.

131 Ariz. 236 (1981)

640 P.2d 167

STATE of Arizona, Petitioner/Appellee, v. The CITY COURT OF the CITY OF TUCSON and the Honorable Thomas D. Welch, Chief Magistrate of the City of Tucson, Respondents, and Ervin KRIST, real party in interest, Respondent/Appellant.

Supreme Court of Arizona, In Banc.

December 29, 1981.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by Thomas B. Lindberg, Tucson, for petitioner/appellee.

Walter B. Nash III, P.C. by Thomas G. Goddard and Elliot Glicksman, Tucson, for respondent/appellant.

CAMERON, Justice.

We granted this petition for review to correct what we believe to be a mistake of law concerning the discretion of the Tucson City Court in granting a motion to withdraw a plea of guilty. We have jurisdiction pursuant to A.R.S. § 12-120.24 and Rule 31.19, Arizona Rules of Criminal Procedure, 17 A.R.S.

The facts necessary for a determination of this matter are as follows. In January 1980, the real party in interest, Ervin Krist, represented...

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