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STATE EX REL. THOMAS v. TALAMANTE

No. 1 CA-SA 06-0193.

149 P.3d 484 (2006)

STATE of Arizona ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable David M. TALAMANTE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Mark Andrew Murray, Real Party in Interest.

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

November 14, 2006.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney By Gerald Grant, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

James J. Haas, Maricopa County Public Defender By Brent E. Graham, Deputy Public Defender, Phoenix, Attorneys for Real Party in Interest.

OPINION

TIMMER, Presiding Judge.

¶ 1 The State of Arizona filed this special action petition arguing that the trial court erred by ruling that a historical prior felony conviction for a sexual offense is not an element of the crime of violent sexual assault as set forth in Arizona Revised Statutes ("A.R.S.") section 13-1423 (Supp.2005). As a consequence, the court precluded the State from introducing in its case-in-chief evidence of real-party-in-interest...

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