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ESCOBAR v. SUPERIOR COURT, MARICOPA CTY.

No. 1 CA-SA 264.

155 Ariz. 298 (1987)

746 P.2d 39

Bobby R. ESCOBAR, Petitioner, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, Honorable Philip W. Marquardt, a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

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

November 24, 1987.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by John Ronan Curry, Deputy Public Defender, Phoenix, for petitioner.

Thomas E. Collins, Maricopa Co. Atty. by H. Allen Gerhardt, Christine Greenfield, Deputy Co. Attys. and Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Phoenix, for real party in interest.

OPINION

SHELLEY, Presiding Judge.

On February 10, 1987, Bobby R. Escobar (petitioner) was indicted by grand jury on one count of child abuse, a dangerous crime against children, a class 2 felony in violation of A.R.S. § 13-3623(A) and (B). Petitioner filed a motion to dismiss or, in the alternative, a motion for a new finding of probable cause pursuant to Rule 12.9, Arizona Rules of Criminal Procedure. On September 3, 1987, the trial judge denied the...

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