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STATE v. GARCIA

No. 1 CA-CR 90-846.

170 Ariz. 245 (1991)

823 P.2d 693

STATE of Arizona, Appellant, v. Francisco GARCIA, Appellee.

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

December 24, 1991.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Michael C. Cudahy, Chief Counsel, Organized Crime and Racketeering Div., and Billie A. Rosen, Asst. Atty. Gen., Phoenix, for appellant.

Richard M. Romley, Maricopa County Atty., by Jessica G. Funkhouser, Deputy County Atty., Phoenix, for appellant.

Thomas A. Thinnes, P.A. by Thomas A. Thinnes and Eleanor L. Miller, Phoenix, for appellee.

OPINION

KLEINSCHMIDT, Judge.

The defendant was charged with conspiracy to possess a narcotic drug for sale. Within two months of the defendant's arrest, the state filed a motion to dismiss the charge. At the hearing on the motion, the state's attorney failed to appear. The judge did not hear argument on the motion and observed on the record that he had not reviewed the defendant's response to the motion. The judge nonetheless ordered the case dismissed without...

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