STATE v. CARRUTH

Nos. 2 CA-CIV 4403-2 CA-CIV 4406 and 2 CA-CIV 4420.

132 Ariz. 368 (1982)

645 P.2d 1282

The STATE of Arizona, Petitioner, v. The Honorable James C. CARRUTH, The Honorable John G. Hawkins, The Honorable Michael J. Brown, Judges of the Superior Court, Division V, XVII and IX, respectively, in and for the County of Pima, State of Arizona, Respondents, and Ramon C. Rodriguez, Gabriel Valenzuela, and Carmen R. Camacho, Defendants/Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

May 21, 1982.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Michael Evan Owen, Tucson, for petitioner.

Frederic J. Dardis, Pima County Public Defender by Margarita B. Bernal and Steven Gaffin, Tucson, for defendants/real parties in interest.


OPINION

BIRDSALL, Judge.

The respondent courts each dismissed criminal charges against the real parties in interest on the grounds that A.R.S. § 13-3403(A)(1) is unconstitutional. The petitioner, State of Arizona, has filed these special actions challenging those rulings. We agree that the prosecutions were dismissed without legal basis, and assume jurisdiction since multiple cases are involved and the state's remedy by appeal would be inadequate.

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