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STATE v. SHERRILL

No. 2 CA-SA 89-0047.

162 Ariz. 164 (1989)

781 P.2d 642

The STATE of Arizona, Petitioner, v. The Honorable William SHERRILL, Judge of the Superior Court, In and For the County of Pima, Respondent. and Thomas Raymond VOGT, Real Party in Interest.

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

Review Granted November 14, 1989.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Louis M. Spivack, Tucson, for petitioner.

Harold L. Higgins, Jr., Pima County Public Defender by Creighton Cornell, Tucson, for real party in interest.

OPINION

LACAGNINA, Chief Judge.

The state has taken this special action from the trial court's order granting Thomas Raymond Vogt's motion to preclude the victim of certain crimes from making an in-court identification of Vogt as the perpetrator of those crimes. Because of the unique circumstances of this case and because the state has no equally plain, speedy, and adequate remedy by appeal, we accept jurisdiction. Ariz.R.P. Spec. Action 1, 17B A.R.S.

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