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STATE v. GRANADOS

No. 1 CA-CR 90-1017.

172 Ariz. 405 (1991)

837 P.2d 1140

STATE of Arizona, Appellant, v. Jose Luis GRANADOS, 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 Co. Atty. by H. Allen Gerhardt, Deputy Co. Atty., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by Paul C. Klapper, Deputy Public Defender, Phoenix, for appellee.

OPINION

KLEINSCHMIDT, Judge.

The state appeals from the trial court's order dismissing with prejudice a charge of sexual conduct with a minor. We vacate the trial court's order because the record does not support a finding that the interests of justice require a dismissal with prejudice.

In August 1989, the defendant was indicted and charged with three counts of sexual conduct with a minor, his daughter. In November 1989, on the day set for trial...

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