State ex rel. Berger v. Superior Court

HAYS, Justice.

We accepted jurisdiction of this petition for special action to determine whether the Superior Court erred in granting defendant’s motion to dismiss with prejudice.

On or about March 23, 1975, defendant was charged, along with a codefendant, Kathy DeVane, with the crime of conspir*452acy to commit murder. A preliminary hearing was scheduled for March 27, 1975. On March 26, 1975, defense counsel made a motion to continue which was granted. The preliminary hearing was rescheduled for April 10, 1975. Defense counsel made a motion for production on March 31, 1975, which was granted. The…