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STATE v. JACOBSON

No. 2 CA-CIV 1734.

22 Ariz. App. 260 (1974)

526 P.2d 784

STATE of Arizona, Petitioner, v. Hon. Joe JACOBSON, Judge of the Superior Court, Pima County, Arizona, Respondent; Alvin TYGER, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 22, 1974.

Review Denied December 3, 1974.

Attorney(s) appearing for the Case

N. Warner Lee, Atty. Gen. by Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for petitioner.

Aboud & Aboud by John Aboud, Sr., Tucson, for real party in interest.

Before HATHAWAY, C.J., and KRUCKER and HOWARD, JJ.

OPINION

PER CURIAM.

Petitioner challenges an order of the respondent court releasing the real party in interest from custody. Since we are of the opinion that the respondent court acted arbitrarily and without jurisdiction, and there being no remedy by appeal, we assume jurisdiction to grant the relief requested by the State of Arizona.

The events which transpired prior to the subject ruling are not in dispute. Mr. Tyger, real party in interest herein...

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