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STATE EX REL. ROMLEY v. SUPERIOR COURT

No. 1 CA-SA 95-0362.

185 Ariz. 160 (1996)

913 P.2d 500

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 James E. McDougall, a judge thereof, Respondent Judge, Horace Kendrix McGUIRE, Real Party in Interest.

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

February 27, 1996.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Diane E.W. Gunnels and Michele M. Iafrate, Deputy County Attorneys, Phoenix, for Petitioner.

Dean W. Trebesch, Maricopa Public Defender by William A. Peterson, Deputy Public Defender, Phoenix, for Real Party in Interest.

OPINION

GERBER, Judge.

Petitioner State of Arizona sought special action relief from the respondent judge's order releasing real party in interest Horace Kendrix McGuire (McGuire) on his own recognizance pending trial. In a previous order, we accepted jurisdiction and granted relief. This opinion explains that order.

FACTS AND PROCEDURAL HISTORY

McGuire was charged with burglary and possession of burglary tools. At his initial appearance in...

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