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DAY v. SUPERIOR COURT

No. 1 CA-SA 91-060.

170 Ariz. 215 (1991)

823 P.2d 82

Thomas DAY, Petitioner, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF MARICOPA, The Honorable Joseph D. Howe, a judge thereof, Respondent Judge. STATE of Arizona, ex rel., Richard M. ROMLEY, Maricopa County Attorney, and Tim Mattfedt, Real Parties in Interest.

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

Review Denied February 4, 1992.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by James P. Cleary, Deputy Public Defender, Phoenix, for petitioner.

Richard M. Romley, Maricopa County Atty. by Jessica Gifford Funkhouser, Deputy County Atty., Phoenix, for real parties in interest.

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Div., Phoenix, for respondent.

OPINION

VOSS, Judge.

Petitioner Thomas Day has been charged with theft, a class 4 felony. Petitioner sought to depose the alleged victim pursuant to Rule 15.3, Arizona Rules of Criminal Procedure. The victim elected not to give petitioner a pretrial interview, asserting § 2.1(A)(5) of the Victim's Bill of Rights. The trial judge thereafter denied petitioner's motion for deposition of the victim. Petitioner files this petition for special action, seeking...

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