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STATE EX REL. McDOUGALL v. MUNICIPAL COURT OF PHOENIX

No. 1 CA-CV 88-019.

160 Ariz. 324 (1989)

772 P.2d 1177

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Plaintiff-Appellant, v. The MUNICIPAL COURT OF THE CITY OF PHOENIX; and the Honorable Michael Carroll, Judge thereof; and Keith E. Johnson and Conrad W. Kurz, Defendants and Real Parties in Interest, Defendants-Appellees.

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

May 4, 1989.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Michael P. Scott and Laurel Canham, Asst. City Prosecutors, Phoenix, for plaintiff-appellant.

Friedl, Richter & Buri by William E. Moore and Lawrence H. Blieden, Phoenix, for real party in interest Johnson.

Craig Mehrens, P.A. by Craig Mehrens and Amy Wilemon, Phoenix, for real party in interest Kurz.

OPINION

FIDEL, Presiding Judge.

This is an appeal from an order of the superior court denying special action relief to the state. We hold that the superior court properly declined to interfere with the municipal court's decision to set defendants' motions to strike allegations of prior convictions for pre-trial hearing.

Background

Keith Johnson and Conrad Kurz, the real parties in interest, are defendants in separate municipal court...

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