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AGUILAR v. PIMA CTY. SUPER. COURT, DIV. XVII

No. 2 CA-SA 0185.

144 Ariz. 504 (1985)

698 P.2d 749

Ernesto Vizcarra AGUILAR, Petitioner, v. PIMA COUNTY SUPERIOR COURT, DIVISION XVII and the Honorable John Hawkins, Respondents, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Reconsideration Denied March 20, 1985.

Attorney(s) appearing for the Case

John D. Kaufmann, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by John R. Gustafson, Tucson, for real party in interest.

OPINION

HOWARD, Judge.

This special action was taken from the trial court's denial of petitioner's motion to dismiss the criminal charges pending against him, based on violations of the speedy trial provisions of Rule 8, Rules of Criminal Procedure, 17 A.R.S. Because we believe that the trial court failed to exercise discretion which it had a duty to exercise, and because the exercise of that discretion may terminate the proceedings against petitioner, we...

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