Quigley v. City Court of the City of Tucson

OPINION

HOWARD, Chief Judge.

The issue in this appeal from a special action is whether the superior court exercised the proper standard of review of the city magistrate’s dismissal of a prosecution without prejudice.

Petitioner was charged in the city court with petty theft. A pretrial conference was held on July 23, 1981, and the state disclosed its witnesses. The state, however, did not include the name of a Mr. Arnold, an accomplice who had already been convicted. Recognizing this error, the prosecutor had Mr. Arnold added to the witness list and a subpoena was issued for his attendance, but…