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STATE v. SUPERIOR COURT, IN AND FOR CTY. OF PIMA

No. 2 CA-CIV 4815.

138 Ariz. 4 (1983)

672 P.2d 956

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable Joseph M. Livermore, Judge Pro Tempore, Respondent, and Arturo COCIO, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 24, 1983.

Review Denied December 6, 1983.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Kenneth J. Peasley, Deputy County Atty., Tucson, for petitioner.

Alyce Pennington-Hansen, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

The state brought this special action to challenge the trial court's denial of its motion pursuant to Rule 7.2(b), Arizona Rules of Criminal Procedure, 17 A.R.S., to have the real party in interest taken into custody and held without bond pending sentencing. Because the state was without a remedy by appeal and because we believed the trial court exceeded its jurisdiction in denying the motion, we ordered that the real party in interest...

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