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ROCKWOOD v. SUPERIOR COURT IN AND FOR CTY. OF PIMA

No. 2 CA-CIV 2291.

27 Ariz. App. 338 (1976)

554 P.2d 1281

Neil Michael ROCKWOOD, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and Ben C. Birdsall, Judge of the Superior Court, Division IX, Respondent, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

September 14, 1976.

Attorney(s) appearing for the Case

John M. Neis, Pima County Public Defender by Roger W. Taylor, Asst. Public Defender, Tucson, for petitioner.

David G. Dingeldine, Pima County Atty. by Larry Lingeman, Deputy County Atty., Tucson, for real party in interest.

OPINION

HOWARD, Chief Judge.

Petitioner brings this special action seeking a preliminary hearing in connection with probation revocation proceedings. He claims the trial court failed to perform a duty required by law. Since petitioner is incarcerated pending this decision, and since we find that an adequate remedy is not afforded by the appeal process, we take jurisdiction but deny relief.

On July 1, 1976, the petitioner's probation officer filed a...

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