State Ex Rel. Jenney v. SUPERIOR COURT, ETC.

OPINION

HOWARD, Judge.

An order of the respondent court purporting to dismiss with prejudice a pending criminal prosecution against the real party in interest is challenged by the state. The state concedes that a dismissal is appropriate but contends it should have been without prejudice. Although we deny relief because we hold the order inadequate to effect a dismissal with prejudice, we assume jurisdiction to discuss the problem as one likely to recur.

The real party in interest, Austin, and one Dwyer were indicted for conspiracy to commit murder, kidnapping or aggravated assault in Cochise…