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GAMMONS v. BERLAT

No. 17533-SA.

144 Ariz. 148 (1985)

696 P.2d 700

Benjamin Ashley GAMMONS (A person under the age of 18 years), Petitioner, v. The Honorable William BERLAT, Judge Pro Tempore of the Pima County Juvenile Court, State of Arizona, Respondent, and The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

March 8, 1985.

Attorney(s) appearing for the Case

Frederic J. Dardis, Pima County Public Defender by Carol Wittels, R. David Sobel, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Clinton R. Stinson, Deputy County Atty., Tucson, for respondents.

Collins, Pray & Riddle by James P. Pray, Tucson, for amicus curiae Arizona Civil Liberties Union.

HOLOHAN, Chief Justice.

The petitioner, a thirteen year old, was arrested on February 17, 1984 for sexual abuse and sexual conduct with a minor. He was charged by a petition filed in juvenile court with delinquency for his alleged act in the sexual abuse and sexual conduct incident. During trial review, petitioner denied the allegations of the petition and, through counsel, requested a hearing to determine his legal capacity...

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