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VO v. SUPERIOR COURT

No. 1 CA-SA 91-327.

172 Ariz. 195 (1992)

836 P.2d 408

Nghia Hugh VO and Richard Paredez, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable David R. Cole, a judge thereof, Respondent Judge, The STATE of Arizona, ex rel., Richard ROMLEY, Maricopa County Attorney, Real Party in Interest.

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

Review Denied September 22, 1992.

Attorney(s) appearing for the Case

Philip A. Seplow and Morton Rivkind, Phoenix, for petitioner Vo.

Humberto Rosales, Phoenix, for petitioner Paredez.

Richard Romley, Maricopa County Atty. by Alfred M. Fenzel, Deputy County Atty., and Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., Phoenix, for real party in interest.

OPINION

JACOBSON, Judge.

In this special action from the trial court's denial of defendants' motion to dismiss, or in the alternative, to remand to the grand jury for a redetermination of probable cause, we must decide whether the killing of a fetus can constitute first degree murder under A.R.S. § 13-1105.

Facts and Procedural Background

Nghia Hugh Vo and Richard Paredez (petitioners) are co-defendants in superior court, charged...

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