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McGUIRE v. LEE

No. 2 CA-SA 2016-0012.

372 P.3d 328 (2016)

Emily Ann McGUIRE, Petitioner, v. Hon. Kenneth LEE, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

April 28, 2016.

Attorney(s) appearing for the Case

Dean Brault, Pima County Legal Defender By Kristine Alger, Assistant Legal Defender, Tucson, Counsel for Petitioner.

Barbara LaWall, Pima County Attorney By Nicolette Kneup, Deputy County Attorney, Tucson, Counsel for Real Party in Interest.

Presiding Judge VÁSQUEZ authored the opinion of the Court, in which Judge MILLER and Judge STARING concurred.

OPINION

¶ 1 In this special action, fifteen-year-old Emily McGuire contends the respondent judge erred by denying her motion to dismiss the underlying armed robbery prosecution and to transfer the matter to the juvenile court. She contends that, because a simulated weapon was used during the alleged...

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