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STATE EX REL. SMITH v. REEVES

No. 1 CA-SA 11-0007.

250 P.3d 196 (2011)

STATE of Arizona ex rel. Jon SMITH, Yuma County Attorney, Petitioner, v. The Honorable Mark W. REEVES, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge, Anthony Oswaldo Aguirre, Real Party in Interest.

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

March 1, 2011.

Attorney(s) appearing for the Case

Jon R. Smith , Yuma County Attorney By Mark Edward Hessinger , Deputy County Attorney, Yuma, Attorneys for Petitioner.

Donovan Law, P.L.L.C. By Michael J. Donovan , Yuma, Attorneys for Real Party in Interest.

HALL, Judge.

¶ 1 The State seeks relief from the trial court's ruling that a child killed in a car accident and his surviving parents are not "victims" as defined by the Victims' Bill of Rights, Article 2, Section 2.1, of the Arizona Constitution, and the Victims' Rights Implementation Act, Arizona Revised Statutes (A.R.S.) sections 13-4401 to -4440 (2010, Supp. 2010), because the offense with which the real party in...

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