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STATE v. HOOKER

No. 2 CA-CIV 3892.

128 Ariz. 479 (1981)

626 P.2d 1111

The STATE of Arizona, Petitioner, v. The Honorable Robert J. HOOKER, Judge of the Superior Court, Division One, In and For the County of Pima, State of Arizona, Respondent, and Alfred R. LIBBY, Real Party In Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 25, 1981.

Review Denied April 14, 1981.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by D. Jesse Smith, Deputy County Atty., Tucson, for petitioner.

Richard S. Oseran, Pima County Public Defender by Carol Wittels, Tucson, for real party in interest.

OPINION

BIRDSALL, Judge.

The subject of this special action is an order of the respondent court in habeas corpus proceedings directing the release of the real party in interest from the Pima County Jail where he had been incarcerated. Although we agree with the ruling of the respondent court, we believe an opinion is appropriate to clarify and correct the petitioner's mistaken interpretation of A.R.S. Sec. 13-3859.

Real party in interest Libby was...

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