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JOHNSON v. TUCSON CITY COURT

No. 2 CA-CV 87-0250.

156 Ariz. 284 (1988)

751 P.2d 600

A.V. JOHNSON, Appellant, v. TUCSON CITY COURT and the Honorable Karen Adam, a magistrate thereof, Respondents; and Pima County Superior Court and the Honorable Philip Fahringer, a judge thereof, Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied March 15, 1988.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Tucson, for appellant.

Frederick S. Dean, City Atty. by M.J. Raciti and L. Michael Anderson, Tucson, for appellees.

OPINION

HATHAWAY, Judge.

Appellant was arrested on August 14, 1985, and charged with violations of A.R.S. §§ 28-692(A) and 28-692(B). On September 11, 1986, on appellant's motion the charges were dismissed without prejudice, pursuant to Ariz.R.Crim.P. 8, 17 A.R.S. The following day the state filed its notice of appeal, and on October 2, 1986, refiled the charges against appellant. Believing that the refiling was proscribed by Rule 9 of the Superior...

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