Williams v. Superior Court

OPINION

HOWARD, Judge.

Petitioner, defendant in a pending criminal prosecution for burglary, seeks relief in this court from an order of the respondent court denying his motion to dismiss the information. Although we do not agree with the lower court’s belief that petitioner’s motion was untimely, we are of the opinion that the motion was properly denied.

Briefly, the facts alleged in petitioner’s motion to dismiss are as follows. He was arrested on October 3, 1973 for violation of A.R.S. § 13-302, as amended. He remained in custody until October 9, 1973 when the state moved to dismiss the…