State Ex Rel. Baumert v. Municipal Court of Phoenix

OPINION

DONOFRIO, Acting Presiding Judge.

This case is an appeal from the denial of a petition for special action filed in the Maricopa County Superior Court. This Court has jurisdiction under A.R.S. § 12-2101(B) and 17A A.R.S., Rules for Special Actions, rule 8(A). The issues raised on appeal concern the propriety of the Municipal Court Judge’s consideration of a motion to dismiss and whether in granting the motion to dismiss the court abused its discretion. Because we believe that under the facts of this case the motion to dismiss was precluded by 17 A.R.S., Rules of Criminal Procedure, rule…