Coy v. Fields

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, Nalbandian v. Superior Court, 163 Ariz. 126, 786 P.2d 977 (App.1989), and because we find the respondent judge abused his discretion in permitting the state…