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BURTON v. SUPERIOR COURT, ETC.

No. 1 CA-CIV 3579.

27 Ariz. App. 797 (1977)

558 P.2d 992

Robert Marshall BURTON, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF MARICOPA. Dorothy Carson, Judge of the Superior Court in and for the County of Maricopa, Donald W. Harris, County Attorney for the County of Maricopa, Maricopa County Probation Department, James ERNST, Adult Probation Officer for Petitioner, Real Party in Interest, State of Arizona, Respondents.

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

January 6, 1977.

Attorney(s) appearing for the Case

Ross P. Lee, Maricopa County Public Defender, by Michael G. Sullivan, Deputy Public Defender, Phoenix, for petitioner.

Donald W. Harris, Maricopa County Atty., by John C. Lincoln, Deputy County Atty., Phoenix, for respondents.

OPINION

EUBANK, Judge.

We exercised our discretion and accepted the petition for special action of Robert Marshall Burton in order to determine whether the respondent, Judge of the Superior Court, had acted in excess of her jurisdiction by granting the Maricopa County Attorney's motion to modify the conditions of petitioner's probation on August 4, 1976. It is our opinion that the respondent judge did exceed her jurisdiction and, consequently, the August 4th...

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