STATE v. DRUKE

No. 2 CA-CIV 3942.

128 Ariz. 604 (1981)

627 P.2d 1102

The STATE of Arizona, Petitioner, v. The Honorable William E. DRUKE, Judge of the Superior Court, in and for the County of Pima, State of Arizona, and James E. Cisco, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

April 7, 1981.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by D. Jesse Smith and Michael J. Pearce, Certified Law Student, Tucson, pursuant to Rule 28(e), Supreme Court Rules, 17A A.R.S., for petitioner.

Richard S. Oseran, Pima County Public Defender by Jeffrey D. Bartolino, Deputy Public Defender, Tucson, for real party in interest.


OPINION

HOWARD, Judge.

In this special action the state challenges the trial court's failure to follow a plea agreement. Since the state has no remedy by appeal, we accept jurisdiction.

The issue here is whether the trial court found that the real party in interest had violated a condition of his probation thus requiring the trial court to adhere to paragraph nine of the plea agreement which states:

"If the probationary period is completed...

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