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STATE EX REL. ROMLEY v. SUPERIOR COURT

No. 1 CA-SA 94-0265.

181 Ariz. 378 (1995)

891 P.2d 246

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Michael O. Wilkinson, a judge thereof, Respondent Judge, Jesse Andres FLORES and Manuel D. Gongora, Real Parties in Interest.

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

February 28, 1995.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals, and Richard M. Romley, Maricopa County Atty. by Gerald R. Grant, Deputy County Atty., Phoenix, for petitioner.

Law Office of James W. Hazel by James W. Hazel, Mesa, for real party in interest Flores.

Dean W. Trebesch, Maricopa County Public Defender by Robert C. Billar, Deputy Public Defender, Phoenix, for real party in interest Gongora.

OPINION

JACOBSON, Judge.

The Maricopa County Attorney seeks special action review of the trial court's order directing the County Attorney to withdraw from prosecution of one of two criminal cases. The issue we address is whether the prosecutor in a criminal matter has a conflict of interest that requires withdrawal or disqualification when his office is also prosecuting criminal charges against the victim in a separate and unrelated criminal matter. Because...

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