Cranmer v. State

OPINION

PELANDER, Judge.

¶ 1 The State of Arizona appeals from the superior court’s order granting special action relief to appellee Eileen Cranmer, arguing that the court disregarded Rule 38, Ariz. R.Crim. P., 17 A.R.S., erroneously held an evidentiary hearing, and improperly substituted its judgment for that of the Apache Junction municipal court. Because we agree that the superior court incorrectly interpreted Rule 38 and abused its discretion in holding an evidentiary hearing, we reverse.

BACKGROUND

¶ 2 The facts pertinent to our resolution of this appeal are not in dispute. The state charged…