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STATE v. RODRIGUEZ

No. 2 CA-SA 89-0126.

163 Ariz. 391 (1989)

788 P.2d 124

The STATE of Arizona, Petitioner, v. The Hon. Lina S. RODRIGUEZ and Hon. Howard Hantman, Judge Pro Tem., Judges for the Superior Court of the State of Arizona, County of Pima, Respondents. Salvador Garcia PRADO, Real Party in Interest.

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

Redesignated as Opinion December 14, 1989.

Petition for Review Granted in Part and Denied in Part April 3, 1990.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Dennis L. Lusk, Tucson, for petitioner.

Susan A. Kettlewell, Pima County Public Defender by Heather E. Williams, Tucson, for real party in interest.

OPINION

ROLL, Presiding Judge.

The state files this petition for special action in connection with the trial court's granting of defendant Salvador Garcia Prado's motion for new trial based upon juror misconduct. Because the impeachment of the jury's verdict resulted from impermissible intrusion into the jury's mental processes, we accept jurisdiction and grant relief.

FACTS

In June 1989, defendant Salvador Garcia Prado stood trial on four...

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