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STATE v. BACA

No. 1 CA-CR 91-0286.

172 Ariz. 1 (1992)

832 P.2d 933

STATE of Arizona, Appellant, v. Angel Cabecera BACA, Appellee.

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

June 4, 1992.

Attorney(s) appearing for the Case

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

Dean W. Trebesch, Maricopa County Public Defender by Lawrence S. Matthew, Deputy Public Defender, Phoenix, for appellee.

OPINION

GERBER, Judge.

FACTS

Appellee Angel Baca was charged by indictment with trafficking in stolen property. On April 30, 1990, he allegedly mailed a motion to dismiss or for speedy trial to Nancy Lewis, the deputy county attorney, and to the superior court. The state claimed that the motion was never received. Its log of incoming mail shows no such receipt. The state filed no response to this motion and took no action to accelerate Baca's trial...

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