STATE EX REL. HANCE v. BD. OF PARDONS

No. 1 CA-SA 93-0181.

178 Ariz. 591 (1993)

875 P.2d 824

The STATE of Arizona, ex rel. Terence C. HANCE, Coconino County Attorney, Petitioner, v. ARIZONA BOARD OF PARDONS AND PAROLES, Respondent, Eric M. MAGEARY, Doc. # 33417, Real Party in Interest.

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

Review Denied July 6, 1994.


Attorney(s) appearing for the Case

Terence C. Hance, Coconino County Atty. by Fred Newton, Chief Deputy County Atty., Flagstaff, for petitioner.

Mary Jane Gregory, Asst. Atty. Gen., for respondent.

Treon, Strick, Lucia & Aguire by Scott F. Frerichs and Richard T. Treon, Phoenix, for real party in interest.

NRA Crimestrike by Linda A. Akers, Deputy Director, Phoenix, amicus curiae.


OPINION

LANKFORD, Judge.

The State of Arizona, appearing through the Coconino County Attorney and acting on behalf of a crime victim1, brought this special action petition requesting that we vacate an Arizona Board of Pardon and Paroles order releasing prisoner Eric Mageary to home arrest. By prior order, we accepted jurisdiction, set aside the Board's order releasing Mageary to home arrest, and directed the Board...

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