State v. Hannah

OPINION

HOWARD, Judge.

The state brought this special action to challenge the respondent court’s dismissal of an allegation of prior convictions filed against the real party in interest. We believe the trial court exceeded its jurisdiction and, because the state has no adequate remedy by appeal, we assume jurisdiction and grant relief.

The real party in interest is charged in the instant case with three Class 2 felonies, all alleged to have been committed on August 10, 1979. The prior convictions which the county attorney alleged in this case were forgery convictions entered on October 22, 1979…