Nieuwenhuis v. Kelly

OPINION

FERNANDEZ, Chief Judge.

Petitioner Sonny J. Nieuwenhuis seeks special action relief from the trial court’s sentencing order, entered after petitioner’s failure to qualify for the shock incarceration program, one of the conditions of his sentence of intensive probation. Because Nieuwenhuis has no equally plain, speedy, and adequate remedy by appeal, Rule 1, Ariz.R.P. Spec. Actions, 17B A.R.S., we accept jurisdiction and grant relief in part.

FACTS AND PROCEDURAL BACKGROUND

On April 20, 1990, Nieuwenhuis was sentenced to a three-year term of intensive probation following his conviction of…