CAWLEY v. ARIZONA BD. OF PARDONS AND PAROLES

No. 1 CA-CIV 7666.

145 Ariz. 387 (1984)

701 P.2d 1195

James CAWLEY, Frank Rangel and Timothy Curry, individually and as representative of a class, Plaintiffs-Appellants, v. ARIZONA BOARD OF PARDONS AND PAROLES; State of Arizona; John Sloss; Richard Ortiz; Robert Araza; Arter L. Johnson; and Patricia Gilbert, members of the Arizona Board of Pardons and Paroles, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

December 20, 1984.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Thomas Prose, Asst. Atty. Gen., Phoenix, for defendants-appellees.

James Cawley, Frank Rangel and Timothy Curry, in pro. per.


OPINION

GREER, Judge.

The issue in this case is whether the Board of Pardons and Paroles exceeded its authority in ruling that, where an offender is paroled from a first sentence in order to begin serving a subsequent consecutive sentence, the parole period be held in abeyance until the release from the subsequent sentence. The trial court found that the Board had acted within its authority, and granted the defendant's motion to dismiss. We reverse.

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