Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state
c/o General Delivery at:
2509 North Campbell Avenue
Tucson, Arizona state

In Propria Persona

All Rights Reserved
Without Prejudice





             PIMA COUNTY CONSOLIDATED JUSTICE COURT


Paul Andrew Mitchell,      )  Case Number #CV-97-3438
          Plaintiff        )
                           )  PETITION FOR ORDER TO SHOW CAUSE
     v.                    )  WHY DEFENDANTS SHOULD NOT BE
                           )  CHARGED WITH FELONY EMBEZZLEMENT:
Neil and Evelyn Nordbrock, )  ARS 13-1802(A)(1), (C)
          Defendants       )
___________________________)


COMES NOW  Paul Andrew  Mitchell, Sui Juris,  Citizen  of Arizona

state and  Plaintiff in  the above  entitled matter  (hereinafter

"Plaintiff"), to  petition this  honorable Court  for an ORDER to

Defendants to  show cause  why they  should not  be charged, both

jointly and  severally, with  the class 3 felony of embezzlement,

in violation of ARS 13-1802(A)(1), as modified by ARS 13-1802(C).

     Plaintiff submits,  for the benefit of this honorable Court,

all pleadings  previously filed  in the instant case, as probable

cause to justify the issuance of the ORDER requested herein.

     This honorable Court will please take formal judicial notice

of the  following court decision concerning criminal construction

of the term "embezzlement", to wit:

     Theft is  a single  offense  even  though  it  has  multiple
     subsections;  the   multiple   prior   theft   offenses   of
     embezzlement,  conversion,   larceny,  finding  and  keeping
     stolen property, theft by false pretenses, and other similar
     "verbal distinctions"  have been  consolidated to  produce a
     single unified offense.  State v. Winter, 146 Ariz. 461, 706
     P.2d 1228 (Ct. App. 1985).


       Petition for Order to Show Cause re: Embezzlement:
                          Page 1 of 3


                        REMEDY REQUESTED

     Wherefore, all  premises having  been considered,  Plaintiff

hereby  moves  this  honorable  Court  for  an  ORDER  compelling

Defendants to  appear and  show cause  why  they  should  not  be

charged, both  jointly and  severally, with unlawfully embezzling

between $3,000  and $25,000  in funds  which  were  entrusted  by

Plaintiff to  their proper  care, management and disbursement, in

violation of  the applicable  criminal code(s)  of Arizona state,

specifically Arizona Revised Statutes 13-1802(A)(1) and (C).

     Thank you very much for your consideration.


Dated:  March 20, 1997


Respectfully submitted,

/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state

All Rights Reserved without Prejudice


       Petition for Order to Show Cause re: Embezzlement:
                          Page 2 of 3


                        PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty

of perjury,  under the  laws of  the United  States  of  America,

without the  "United States," that I am at least 18 years of age,

a Citizen  of one  of the  United States  of America,  and that I

personally served the following document(s):

                PETITION FOR ORDER TO SHOW CAUSE
              WHY DEFENDANTS SHOULD NOT BE CHARGED
                    WITH FELONY EMBEZZLEMENT:
                     ARS 13-1802(A)(1), (C)

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:


Neil and Evelyn Nordbrock
c/o 6642 E. Calle de San Alberto
Tucson, Arizona state


Executed on March 20, 1997:

/s/ Paul Andrew Mitchell
_____________________________________
Paul Andrew Mitchell, Sui Juris
Citizen of Arizona state

All Rights Reserved without Prejudice


       Petition for Order to Show Cause re: Embezzlement:
                          Page 3 of 3


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Mitchell v. Nordbrock