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STATE v. SUPERIOR COURT OF CTY. IN & FOR PIMA

No. 15263-PR.

128 Ariz. 535 (1981)

627 P.2d 686

STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable Ben C. Birdsall, Judge of the Superior Court, Division IX, Respondent, and William David Dobbs, Real Party in Interest.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 5, 1981.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Kevin Miniat, Deputy County Atty., Tucson, for petitioner.

Sidney L. Kain, Tucson, for real party in interest.

CAMERON, Justice.

Defendant, William David Dobbs, was charged with the crime of attempting to obtain narcotics by fraud or deceit in violation of A.R.S. § 36-1017, as amended. The offense allegedly occurred on 5 September 1980. The trial court granted the defendant's motion to dismiss the indictment based on the invalidity of the statute. The State petitioned the Court of Appeals, Division Two, for a special action which was denied. We granted the State's petition...

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