STATE v. HAWKINS

No. 2 CA-SA 0024.

140 Ariz. 88 (1984)

680 P.2d 522

The STATE of Arizona, Petitioner, v. The Honorable John G. HAWKINS, Judge of the Superior Court of Arizona for Pima County, Respondent, and Robert John Bauer, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 11, 1984.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by David R. Ramage-White, Tucson, for petitioner.

R. Lamar Couser, Tucson, for real party in interest.


OPINION

HATHAWAY, Judge.

The state has brought this special action to challenge the trial court's release of the real party in interest on bond pending appeal. Since the issue would be moot if the state were relegated to relief by appeal, and because we believe the court exceeded its jurisdiction in ordering the release, we assume jurisdiction and grant relief.

The real party in interest was convicted by a jury of molestation of a child and was sentenced...

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