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LEE v. SUPERIOR COURT

No. 1 CA-SA 92-034.

173 Ariz. 120 (1992)

840 P.2d 296

Robert N. LEE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable E.G. Noyes, Jr., a judge thereof, and the Honorable M. Louis Levin, as presiding judge of the Phoenix Municipal Court, a judge thereof, Respondents, Roderick G. McDOUGALL, as City Attorney of the City of Phoenix, Arizona, Real Party in Interest.

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

Review Denied December 1, 1992.

Attorney(s) appearing for the Case

Patrick E. Eldridge, Phoenix, for petitioner.

Roderick G. McDougall, Phoenix City Atty. by Samuel K. Lesley, Asst. City Prosecutor, Phoenix, for real party in interest.

OPINION

EHRLICH, Judge.

Robert Lee petitioned this court to consider whether the state's appeal from a municipal court order suspends the operation of a six-month savings statute allowing the refiling of criminal charges after the limitations period has expired. By earlier order, we accepted special action jurisdiction for several reasons: First, the petitioner is without an adequate remedy by appeal, see Ariz.R.P.Special Actions 1(a); Bechtel...

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