State v. Jacobson

OPINION

HATHAWAY, Chief Judge.

This special action attacks the propriety of an order granting a defendant’s motion for a new finding of probable cause. 1 An indictment was returned against defendant Shaw by the Pima County Grand Jury charging him with the crime of aggravated battery. Shaw subsequently filed a written motion to remand the cause back to the grand jury for a new finding of probable cause pursuant to Rule 12.9(a), Rules of Criminal Procedure:

“The grand jury proceedings may be challenged only by motion for a new finding of probable cause alleging that the defendant was denied a…