State v. JONES EX REL. COUNTY OF MARICORA

OPINION

EHRLICH, Judge.

¶ 1 We accepted jurisdiction of this special action to decide whether the rule of corpus delicti applies to a preliminary hearing. We conclude that it does not, and we therefore grant the relief requested by the State.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 On the evening of October 15, 1999, Phoenix Police Officer Dave Szenyes positioned himself in the alley behind the residence of John Roche to assist in an arrest not involving Roche. After approximately thirty minutes, Officer Szenyes peered through the fence separating the alley from this house and observed a man standing…