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STATE EX REL. ROMLEY v. HALL

No. 1 CA-SA 90-189.

169 Ariz. 513 (1990)

821 P.2d 174

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. The Honorable Norman D. HALL, Jr., Judge of the Superior Court of Maricopa County, Respondent Judge. Joseph Frank MILLER, Real Party in Interest.

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

Review Granted June 25, 1991.

Grant of Review Vacated, Review Denied November 21, 1991.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for petitioner.

Dean W. Trebesch, Maricopa County Public Defender by James J. Haas, Deputy Public Defender, Phoenix, for real party in interest.

OPINION

KLEINSCHMIDT, Judge.

This case arises out of the trial court's dismissal of an allegation that the charge of aggravated assault was a dangerous offense pursuant to A.R.S. section 13-604(G). The state brought this special action to require the trial court to reinstate the allegation of dangerousness. We accepted jurisdiction, granted relief, and indicated that this opinion would follow. We decide that the state is entitled to allege that the crime...

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