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FRANCIS v. SANDERS

No. 1 CA-SA 09-0146.

215 P.3d 397 (2009)

Raied FRANCIS, Petitioner, v. The Honorable Teresa SANDERS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, The Maricopa County Attorney's Office, Real Party in Interest.

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

September 10, 2009.

Attorney(s) appearing for the Case

Ballacer & Segal By Natalee E. Segal, Phoenix, Co-Counsel for Petitioner.

Law Offices of Neal W. Bassett By Neal W. Bassett, Phoenix, Co-Counsel for Petitioner.

Andrew P. Thomas, Maricopa County Attorney By Diane Meloche, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

OPINION

SWANN, Judge.

¶ 1 Raied Francis ("Petitioner") brought this special action to challenge the trial court's denial of his motion to remand the indictment for a redetermination of probable cause. We hold that remand was required because the prosecutor interfered with the proper function of the grand jury when he: (1) did not accurately explain the elements of entrapment in response to a question from a grand juror; and (2) incorrectly advised the...

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