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STATE v. GILBERT

No. 1 CA-CR 90-436.

172 Ariz. 402 (1991)

837 P.2d 1137

STATE of Arizona, Appellant, v. Linda Jilone GILBERT, Appellee.

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

Review Denied October 20, 1992.

Attorney(s) appearing for the Case

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

Dean W. Trebesch, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, for appellee.

OPINION

KLEINSCHMIDT, Judge.

The defendant was charged with one count of conspiracy to commit fraudulent schemes and artifices and eight counts of fraudulent schemes and artifices. The trial judge granted the state's motion to dismiss the charges without prejudice, but over the state's objection, ruled that if the state did not recharge the defendant within 120 days, the dismissal would automatically become a dismissal with prejudice. The trial judge reasoned...

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