STATE EX REL. CORBIN v. SUPERIOR COURT

No. 1 CA-SA 88-089.

161 Ariz. 181 (1988)

777 P.2d 679

STATE of Arizona, ex rel. Robert K. CORBIN, Attorney General, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Gloria G. Ybarra, Judge, Division Criminal Four, Respondent, and EXCEL INDUSTRIES, INC., Harvey Allen Goldvarg, Clyde Arthur Fritz, Wilfred J. Fienhage, Jr., and Ernest Miller, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted March 28, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div. and Marty Woelfle, Asst. Atty. Gen., Phoenix, for petitioner.

Allen, Kimerer and LaVelle by Michael Kimerer, Phoenix, for respondent Excel Industries, Inc.

Michael Benchoff, Phoenix, for respondent Harvey Goldvarg.

Debus, Bradford and Kazan, Ltd. by Larry Debus, Phoenix, for respondent Ernest Miller.

Derrick and Jurkowitz by Clark Derrick, Phoenix, for respondent Wilfred Fienhage.

Tom Karas, Phoenix, for respondent Clyde Fritz.


OPINION

CONTRERAS, Presiding Judge.

This is a special action review of the trial court's order which granted the real parties' in interest motion to remand for a new determination of probable cause. Petitioner requests that the order be vacated. Because we conclude that special action is the proper procedure to seek review of the trial court's order, see e.g., State v. Jacobson, 22 Ariz.App. 128,

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