STATE v. FAHRINGER

No. 2 CA-CIV 4727.

136 Ariz. 414 (1983)

666 P.2d 514

STATE of Arizona, Petitioner, v. Honorable Philip FAHRINGER, Judge of the Superior Court, Respondent, and Abelardo MORENO, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

March 15, 1983.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Michael P. Callahan, Deputy County Atty., Tucson, for petitioner.

Walter B. Nash III, Tucson, for real party in interest.


OPINION

HOWARD, Chief Judge.

The state has brought this special action to challenge the respondent court's granting of a defense motion to continue an evidentiary hearing on a probation revocation until after the trial on the new charges. Since we believe the trial court abused its discretion and because petitioner is without an adequate remedy by means of an appeal, we assume jurisdiction and grant relief.

The real party in interest was placed on...

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