STATE EX REL. CORBIN v. BUCHANAN

No. 2 CA-CIV 4270.

131 Ariz. 416 (1982)

641 P.2d 904

The STATE of Arizona, ex rel., Robert K. CORBIN, Attorney General, Petitioner, v. The Hon. Robert B. BUCHANAN, Judge of the Superior Court in and for the County of Pima, and Danny Lynn Hudson, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 10, 1982.

Review Denied March 2, 1982.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Steven A. LaMar, Asst. Atty. Gen., Phoenix, for petitioner.

Frederick W. McNeill, Tucson, for real party in interest.


OPINION

HOWARD, Chief Judge.

Does the "no bail" mandate of Article 2, § 22(2) of the Arizona Constitution continue when the first felony charge is subsequently dismissed? The respondent court ruled that the constitutional prohibition against bail did not apply where the original charge upon which the defendant was on bond was dismissed. The state challenges this ruling by special action. We agree with the state's position and assume jurisdiction.

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