State v. Roylston

OPINION

HOWARD, Chief Judge.

Did the respondent court exceed its jurisdiction in striking an allegation of intracount prior convictions as to each of the real parties in interest? The state, in its petition for special action, contends that it did and we agree. Since the state had no adequate remedy by appeal and extraordinary relief is warranted, we assume jurisdiction.

Donahoe was indicted on four counts of third-degree burglary, involving four different Sun Tran buses. Count I was alleged to have occurred on June 2, 1982, and the other three counts allegedly occurred on June 3, 1982. Biltoft…