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TAYLOR v. SHERRILL

Nos. 2 CA-SA 90-0135, 2 CA-CR 90-0399-PR.

166 Ariz. 359 (1990)

802 P.2d 1058

John Hubert TAYLOR, Petitioner, v. The Honorable William SHERRILL, Judge of the Superior Court of the State of Arizona, County of Pima, Respondent. and The STATE of Arizona, Real Party in Interest.

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

Petition for Review Granted in part and Denied in part January 15, 1991.

Attorney(s) appearing for the Case

Susan A. Kettlewell, Pima County Public Defender by Peter J. Eckerstrom, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Thomas J. Zawada, Tucson, for real party in interest.

OPINION

HOWARD, Judge.

The State of Arizona has filed a petition for review of the order of the trial court granting defendant John Hubert Taylor's petition for post conviction relief under Rule 32, Ariz.R.Crim.Proc., 17 A.R.S. A new trial was set and Taylor filed a motion to dismiss various charges, relying upon the United States Supreme Court opinion in Grady v. Corbin, 495 U.S. ___, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990). Taylor seeks special action...

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