Court of Appeals of Arizona June 1, 2011, 1 CA-CR 10-0202 (State v. Merolle)

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OPINION

JOHNSEN, Judge.

¶ 1 The superior court granted an untimely motion by Raymond Merolle, Jr., to dismiss an indictment with prejudice based on prose-cutorial misconduct during the grand jury proceedings. Under the case authorities, we must reverse because the superior court lacked the power to grant the untimely motion.