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STATE v. SUPERIOR COURT

No. 2 CA-SA 88-0150.

160 Ariz. 71 (1988)

770 P.2d 375

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA; Honorable Bernardo P. Velasco, a Judge thereof, Respondents, and Lester Leroy REINHART, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied April 11, 1989.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by John W. Dickinson, Tucson, for petitioner.

Harold L. Higgins, Jr., Pima County Public Defender by Daniel R. Grills, Tucson, for Real Party in Interest.

OPINION

HATHAWAY, Judge.

The state has taken this special action from the order of the trial court denying its motion to withdraw from a plea agreement with the real party in interest, Lester Leroy Reinhart. Because we conclude that the respondent judge has failed to perform a duty required by law as to which he has no discretion and proceeded without or in excess of his legal authority, Ariz.R.Spec. Action P. 3(a) and (b), 17B A.R.S., and because the state...

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