State v. Leon
State v. Leon
Opinion of the Court
This matter is before us pursuant to Rule 346 of the Rules of Criminal Procedure, 17 A.R.S., which provides as follows:
“If upon a motion to quash an indictment or information or any count thereof, or if after verdict or finding of guilty but before sentence, any question of law arises which in the opinion of the trial court is so important and doubtful as to require the decision of the supreme court, the trial court may, if the defendant consents, certify the case to the supreme court so far as necessary to present the question of law arising therein, and thereupon all proceedings in the action shall be stayed to await the decision of the supreme court.”
In the instant case, a criminal complaint was filed against the defendant in the City Court of the City of Tucson, Pima County. Prior to the trial, defendant made a written motion to dismiss the complaint on constitutional grounds and such motion was granted by the court and the complaint was dismissed. Thereafter, the State filed an appeal with the Superior Court of Pima County. In the Superior Court, however, a jurisdictional question was raised and subsequently certified to this court under Rule 346, supra.
Rule 346, supra, only authorizes the certification of a question to this court when such question originates in the superior
This matter must be dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.