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CEASAR v. CAMPBELL

No. 1 CA-SA 14-0167.

336 P.3d 775 (2014)

Marcus Dean CEASAR, Petitioner, v. The Honorable Jennifer CAMPBELL, Judge of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

October 23, 2014.

Attorney(s) appearing for the Case

M. Alex Harris, P.C., By M. Alex Harris, Prescott, Counsel for Petitioner.

Yavapai County Attorney's Office, By Dennis M. McGrane, Prescott, Counsel for Real Party in Interest.

Presiding Judge LAWRENCE F. WINTHROP delivered the opinion of the Court, in which Judge JOHN C. GEMMILL and Judge SAMUEL A. THUMMA joined.

OPINION

WINTHROP, Presiding Judge.

¶ 1 Marcus Dean Ceasar ("Petitioner") has filed a petition for special action, challenging the trial court's ruling granting the State's motion to dismiss a supervening indictment1 and allowing the State to proceed on the original indictment against Petitioner. Petitioner maintains the supervening indictment necessarily replaced or voided the first...

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