Padilla v. SUPERIOR COURT OF ARIZONA, ETC.

OPINION

KLEINSCHMIDT, Judge.

This cause was heard as a special action upon a petition alleging that the trial court’s failure to order the petitioner’s release from custody constituted an abuse of discretion.

The facts are not in dispute. On Friday, July 30, 1982, the petitioner, who had been placed on probation in December of 1981 subject to the condition that he not consume alcohol, was arrested in Coconino County for driving while intoxicated, a misdemeanor. On the same day he was afforded an initial appearance and released on his own recognizance. Before he was actually released from the…