Legal Opinion

State v. Hovey

Court of Appeals of Arizona

Decided June 8, 1993No. 1 CA-CR 91-1587PublishedCited by 2 opinions

1Opinion of the Court

OPINION

VOSS, Presiding Judge.

Defendant Richard D. Hovey, Sr., appeals from the trial court’s order modifying the manner in which he pays restitution. This court lacks jurisdiction to decide this issue on direct appeal. Because the defendant therefore lacks an adequate remedy at law we treat the matter as a petition for special action, accept jurisdiction and grant relief. State v. Perez, 172 Ariz. 290, 836 P.2d 1000 (App.1992); Rule 1, Rules of Procedure for Special Actions.

BACKGROUND

Defendant pled no contest to one count of fraudulent schemes and artifices and five counts of theft. He was…

2Cases cited3 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. State v. PerezCourt of Appeals of Arizona · 1992
  3. State v. WilsonCourt of Appeals of Arizona · 1986

3Cited by2 opinions

  1. State v. JimenezCourt of Appeals of Arizona · 1996
  2. State v. AndersenCourt of Appeals of Arizona · 1993

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