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STATE v. YOUNG

No. 1 CA-CR 8303.

149 Ariz. 580 (1986)

720 P.2d 965

STATE of Arizona, Appellant, v. Richard Francis YOUNG, Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied June 10, 1986.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for appellant.

Richard D. Gierloff, Phoenix, for appellee.

OPINION

CORCORAN, Judge.

Richard Francis Young (defendant) was indicted on May 1, 1984, by the 54th Maricopa County Grand Jury on one count of second degree murder, a class 2 felony, in violation of A.R.S. § 13-1104. Defendant filed a motion to dismiss the indictment with prejudice, pursuant to rule 16.5(b), Arizona Rules of Criminal Procedure, alleging that prosecutorial misconduct occurred at an earlier presentation of the same case to the concurrently...

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