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COY v. FIELDS

No. 2 CA-SA 01-0018.

27 P.3d 799 (2001)

200 Ariz. 442

Frederick John COY, Petitioner, v. Hon. Richard S. FIELDS, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

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

As Corrected June 1 and June 12, 2001.

Attorney(s) appearing for the Case

Schaye & Associates, by Natman Schaye, Tucson, for Petitioner.

Barbara LaWall, Pima County Attorney, by Elizabeth Tyszko, Tucson, for Real Party in Interest.

OPINION

FLOREZ, Judge.

¶ 1 Petitioner Frederick John Coy seeks special action relief from the respondent judge's order in the underlying criminal proceeding, granting the real party in interest State of Arizona's motion to withdraw from the plea agreement, which motion was made after the plea was accepted and judgment entered. Because petitioner has raised a nonfrivolous double jeopardy claim and does not have an adequate remedy by appeal,

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