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FLOYD v. SUPERIOR COURT

No. 2 CA-CIV 4436.

134 Ariz. 472 (1982)

657 P.2d 885

Mark Charles FLOYD, Petitioner, v. SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF PIMA; the Honorable Lillian S. Fisher, Judge thereof; and the State of Arizona, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 7, 1982.

Attorney(s) appearing for the Case

Walter B. Nash III, P.C., Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Lynne A. Gallagher, Deputy Co. Atty., Tucson, for respondent real party in interest.

OPINION

HOWARD, Chief Judge.

The question in this special action is: Did the respondent court abuse its discretion in declining to rule on a petition for postconviction relief until the petitioner turned himself in?

Petitioner Floyd was sentenced to prison in 1977 by the respondent judge and the sentence was stayed pending appeal. His conviction was affirmed in 1978 by this court which rejected his Fourth Amendment claim (State v. Floyd,

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