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STATE EX REL. BERNING v. DAVIS

No. 2 CA-SA 97-0118.

953 P.2d 933 (1997)

191 Ariz. 189

STATE of Arizona ex rel. Thomas J. BERNING, City Attorney for the City of Tucson, Petitioner, v. Honorable John E. DAVIS, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Allen DANIELS, Real Party in Interest.

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

Redesignated as Opinion January 21, 1998.

Attorney(s) appearing for the Case

Thomas J. Berning, City Attorney by R. William Call and W. Wayne Roach, Tucson, for the State.

Office of the Tucson Public Defender by Reed Palmer, Tucson, for Real Party in Interest.

BRAMMER, Judge.

A city magistrate dismissed underlying criminal and civil traffic charges against real party in interest Allen Daniels on the ground that the state had violated his right to a speedy trial under Rule 8, Ariz.R.Crim.P., 17 A.R.S. The state appealed to superior court and the respondent judge affirmed. This special action followed. Because we find the state has no equally plain, speedy, or adequate remedy by appeal, see A.R.S. § 22-375(B)...

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