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DUGAN v. CARDWELL

No. H-750.

119 Ariz. 166 (1978)

579 P.2d 1389

Daniel L. DUGAN, Petitioner, v. Harold G. CARDWELL, Warden of the Arizona State Prison, the Arizona Department of Corrections, an Agency of the State of Arizona, Daniel D. Simmons, Chairman of the Board of Pardons and Paroles, Department of Corrections, the Honorable Jack La Sota, the Attorney General of the State of Arizona, Respondents, The STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, In Banc.

June 21, 1978.

Attorney(s) appearing for the Case

John M. Neis, Pima County Public Defender by Jeffrey D. Bartolino, Deputy Public Defender, Tucson, for petitioner.

John A. La Sota, Jr., Acting Atty. Gen. by Robert F. Ellig, Asst. Atty. Gen., Phoenix, for respondents.

HOLOHAN, Justice.

Petitioner filed a petition for writ of habeas corpus with this court after the Board of Pardons and Paroles had revoked his parole. We took jurisdiction pursuant to Art. 6, § 5 of the Arizona Constitution and A.R.S. § 13-2003.

Petitioner alleges that he was convicted of simple battery and was placed on probation for a period of two years. At the time of his conviction petitioner was on parole from the Arizona State Prison. At the...

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