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STATE, EX REL. BERNING v. ALFRED

No. 2 CA-SA 96-0119.

186 Ariz. 403 (1996)

923 P.2d 869

STATE of Arizona, ex rel. Thomas J. BERNING, City Attorney for the City of Tucson, Petitioner, v. The Honorable Michael ALFRED, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, and Joseph Phininzy, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

August 30, 1996.

Attorney(s) appearing for the Case

Thomas J. Berning, City Attorney by R. William Call and Linda Scharbach, Tucson, for Petitioner.

O'Connor Cavanagh Molloy Jones by Nathan B. Hannah, Tucson, for Real Party in Interest.

OPINION

DRUKE, Chief Judge.

In this special action, we are asked to decide whether the speedy trial time limits of Ariz. R.Crim. P. 8.2, 17 A.R.S., are suspended under Ariz. R.Crim. P. 31.16 when the state appeals from an order granting the defendant a new trial. We conclude that they are.

Following a bench trial, real party in interest Joseph Phininzy (the defendant) was convicted of theft in Tucson City Court. On January 2, 1996, the...

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