Legal Opinion

State v. Sabalos

Court of Appeals of Arizona

Decided February 28, 1994No. 2 CA-SA 94-0002PublishedCited by 6 opinions

1Opinion of the Court

OPINION

LACAGNINA, Judge.

This special action was taken from the order of the respondent judge denying the state’s appeal from the judgment of acquittal entered by the city court. We have jurisdiction. A.R.S. § 12-120.21(A)(4); see State ex rel McDougall v. Superior Court, 170 Ariz. 474, 826 P.2d 337 (App.1991). Because the state has no remedy by appeal, and because we conclude that the respondent abused his discretion, we accept jurisdiction and grant relief.

The undisputed facts are as follows. The real party in interest, Cochrane, was charged with driving under the influence of intoxicating…

2Cases cited10 opinions

  1. Grant v. Arizona Public Service Co.Arizona Supreme Court · 1982
  2. State v. MathersArizona Supreme Court · 1990
  3. State v. JonesArizona Supreme Court · 1980
  4. State Ex Rel. Hyder v. SUPERIOR COURT, ETC.Arizona Supreme Court · 1981
  5. State v. PyeattCourt of Appeals of Arizona · 1983

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3Cited by6 opinions

  1. State v. HenryCourt of Appeals of Arizona · 2003
  2. State v. MillanesCourt of Appeals of Arizona · 1994
  3. State v. WilsonCourt of Appeals of Arizona · 2004
  4. State Ex Rel. McDougall v. Superior CourtCourt of Appeals of Arizona · 1995
  5. State of Arizona v. Janice L. WilsonCourt of Appeals of Arizona · 2004

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