Boccelli v. State

HAYS, Chief Justice.

Fred Anthony Boccelli petitions this court for a special action to prohibit the State of Arizona and the Superior Court of Pima County from proceeding with his trial. Petitioner’s motion to dismiss in Superior Court was denied on January 8, 1973, and his writ of special action in the Court of Appeals was denied on January 17, 1973. We accepted jurisdiction of the special action brought in this court.

Boccelli contends that the prosecution against him must be dismissed for failure to comply with Rule 236 of the Arizona Rules of Criminal Procedure, 17 A.R.S.:

When a person has…