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STATE v. TIMS

No. 6272.

143 Ariz. 196 (1985)

693 P.2d 333

STATE of Arizona, Appellee, v. Gary Wayne TIMS, Appellant.

Supreme Court of Arizona, In Banc.

January 3, 1985.

Attorney(s) appearing for the Case

Robert K. Corbin, William J. Schafer, III, Chief Counsel, Crim. Div., R. Wayne Ford, Asst. Atty. Gen., Phoenix, for appellee.

C. Robert Pursley, Safford, for appellant.

GORDON, Vice Chief Justice.

On February 10, 1984 an information was filed charging defendant with one count of dangerous or deadly assault by a prisoner, A.R.S. § 13-1206, and one count of aggravated assault, A.R.S. § 13-1204, with an allegation of five prior felonies. Defendant, an inmate at the Fort Grant Training Center, allegedly beat a sleeping prisoner with a pipe. Prior to trial the state moved for and was granted a dismissal of the aggravated assault...

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