Baines V. Superior Court

This special action was taken from the denial by the trial court of the petitioners' motion for redetermination of probable cause or, in the alternative, dismissal of the indictment. The petitioners were among 34 defendants named in a multi-count indictment handed down by the state grand jury on June 28, 1983, alleging various offenses including the possession, transportation and sale of marijuana and narcotic drugs, leading organized crime, illegally conducting an enterprise, and conspiracy. All of the defendants, including petitioners, were charged under Count 4 of the indictment with illegally conducting an enterprise in violation of A.R.S. § 13-2312. Petitioner Angel Chiquette was also charged under Count 13 of the indictment with conspiracy, in violation of A.R.S. § 13-1003. Although petitioners Baines and Mason were charged with other offenses in other counts of the indictment, no issues have been presented to this court with respect to those other counts.