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STATE v. MILLER

Nos. 2 CA-SA 2010-0056, 2 CA-SA 2010-0063.

245 P.3d 454 (2011)

The STATE of Arizona, Petitioner, v. Hon. Michael O. MILLER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Daniel Oliveri, Real Party in Interest. The State of Arizona, Petitioner, v. Hon. Michael O. Miller, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Michael Joseph Nelson, Real Party in Interest.

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

January 7, 2011.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Petitioner.

Kimminau Law Firm, P.C. By Chris J. Kimminau, Tucson, Attorney for Real Party in Interest Oliveri.

Isabel G. Garcia, Pima County Legal Defender By Angela C. Poliquin, Tucson, Attorneys for Real Party in Interest Nelson.

OPINION

HOWARD, Chief Judge.

¶ 1 In this special action, the State of Arizona seeks relief from the rulings of the respondent judge in the underlying criminal actions against real parties in interest Daniel Oliveri and Michael Nelson in which the respondent made clear he intended to give the Revised Arizona Jury Instruction (Criminal) ("RAJI") 28.1383(A)(1)-1 (2008) rather than the state's requested...

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