Legal Opinion

State v. Superior Court

Court of Appeals of Arizona

Decided December 13, 1988No. 2 CA-SA 88-0150PublishedCited by 4 opinions

1Opinion of the Court

OPINION

HATHAWAY, Judge.

The state has taken this special action from the order of the trial court denying its motion to withdraw from a plea agreement with the real party in interest, Lester Leroy Reinhart. Because we conclude that the respondent judge has failed to perform a duty required by law as to which he has no discretion and proceeded without or in excess of his legal authority, Ariz.R.Spec. Action P. 3(a) and (b), 17B A.R.S., and because the state has no remedy by appeal, we accept jurisdiction and grant relief.

Reinhart is the defendant in three separate criminal actions in Pima…

2Cases cited5 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Mabry v. JohnsonSupreme Court of the United States · 1984
  3. Government of the Virgin Islands v. Raymond Scotland and St. Clair Springette. Appeal of St. Clair SpringetteCourt of Appeals for the Third Circuit · 1980
  4. Shields v. StateSupreme Court of Delaware · 1977
  5. State Ex Rel. Fortner v. UrbomNebraska Supreme Court · 1982

3Cited by4 opinions

  1. State v. CrockettNevada Supreme Court · 1994
  2. State v. TellezCourt of Appeals of Arizona · 1990
  3. State v. TellezCourt of Appeals of Arizona · 1990
  4. United States v. Charles Martin BisbeeCourt of Appeals for the Ninth Circuit · 1993

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