Legal Opinion

State v. Maldonado

Arizona Supreme Court

Decided January 7, 2010No. CR-09-0179-PRPublishedCited by 31 opinions

1Opinion of the Court

OPINION

BALES, Justice.

¶ 1 We hold that the State’s failure to file an information before trial did not deprive the superior court of subject matter jurisdiction or constitute fundamental error.

I

¶ 2 Frank R. Maldonado was charged by direct complaint with possession of cocaine. After a preliminary hearing, the superior court found probable cause to hold him for trial. That day, Maldonado was arraigned and the court entered his not guilty plea. A minute entry for this hearing indicates that an information was filed, but the hearing transcript does not refer to an information. The State later…

2Cases cited14 opinions

  1. United States v. CottonSupreme Court of the United States · 2002
  2. State v. HendersonArizona Supreme Court · 2005
  3. Taliaferro v. TaliaferroArizona Supreme Court · 1996
  4. Marvin Johnson, PC v. MyersArizona Supreme Court · 1995
  5. State v. SmithArizona Supreme Court · 1948

9 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. A.S. v. R.S.Utah Supreme Court · 2017
  2. Smith v. SmithUtah Supreme Court · 2017
  3. Ader v. Estate of FelgerCourt of Appeals of Arizona · 2016
  4. State v. SpreadburyMontana Supreme Court · 2011
  5. Glover v. GloverCourt of Appeals of Arizona · 2012

26 more not listed; retrieve them via the Exa API.

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