Court of Appeals of Arizona January 14, 1974, No. 2 CA-CIV 1564 (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.