State v. Mohave County Justice Court

OPINION

KLEINSCHMIDT, Judge.

On August 22,1981, the defendant, Boyd W. Gardner, was charged in district court with violating Title 18 U.S.C. § 43 by illegally transporting wildlife. These charges were dismissed. In February, 1982, the state filed a misdemeanor complaint alleging that Gardner had violated the fish and game statutes. The justice court’s dismissal with prejudice of this latter charge was the subject of a special action to the superi- or court. The superior court found that the dismissal of the complaint with prejudice was an abuse of discretion and this appeal by Gardner followed.

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