State v. Roylston

OPINION

HATHAWAY, Judge.

Real party in interest was indicted for violating A.R.S. § 13-1204(A)(2) and (B) (aggravated assault) and § 13-1805 (shoplifting). An allegation of dangerous nature was filed. Following a motion filed by the real party in interest, the respondent court granted the motion to dismiss the allegation of dangerous nature as to the real party in interest. The state has brought this special action to challenge that ruling. Because we believe the respondent court acted in excess of its jurisdiction or legal authority, and because petitioner has no adequate remedy by means of an…