State v. Superior Court

BERNSTEIN, Chief Justice.

This is a petition for a writ of certiorari to review an action of the Superior Court of Maricopa County. Although this Court has granted the relief requested in a certiorari proceeding, State ex rel. Galbraith v. Superior Court, 22 Ariz. 452, 197 P. 537, we are of the opinion the relief requested is more properly granted by a writ of prohibition, Emery v. Superior Court, 89 Ariz. 246, 360 P.2d 1025, and we will consider this petition as if it had requested the issuance of the latter writ.

*415The posture of the case is as follows: Gary Daymus was convicted and sentenced…