Nelson v. Roylston

OPINION

BIRDSALL, Acting Chief Judge.

Petitioner has brought this special action to challenge the respondent court’s denial of his motion to dismiss the indictment and to remand for a redetermination of probable cause. Because we believe the court abused its discretion in denying the motion, and because the petitioner is without an adequate remedy by means of an appeal, State v. Agnew, 132 Ariz. 567, 647 P.2d 1165 (App.1982), we assume jurisdiction and grant relief.

Petitioner was indicted by the Pima County Grand Jury on one count of kidnapping in violation of A.R.S. § 13-1304. Ms. Vella…