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SEELEY v. STATE

Nos. 1 CA-HC 59, 1 CA-CIV 6240.

134 Ariz. 263 (1982)

655 P.2d 803

Marvin SEELEY; Manuel Reyes, Petitioners-Appellants, v. STATE of Arizona, Defendant-Appellee. Manuel REYES and Marvin Seeley, Appellants, v. STATE of Arizona, Appellee.

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

Rehearing Denied November 1, 1982.

Review Denied December 7, 1982.

Attorney(s) appearing for the Case

John A. Salvatore, Jr. and Alex M. Rossell, Phoenix, for petitioners-appellants.

Andy Baumert, City Atty. by George H. Bonsall, Asst. City Prosecutor, Phoenix, for defendant-appellee.

OPINION

JACOBSON, Presiding Judge.

Two sets of issues are presented by this appeal from denials of writs of habeas corpus. The first deals with the procedural problems of petitioner having chosen habeas corpus as the vehicle to seek judicial review of the petitioner's legal contentions, and the subsequent release of the petitioner from jail. The second issue is substantive in nature and challenges the constitutionality of § 23-48.01 of the Phoenix City...

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