Basaldua v. State

I concur in the conclusion of the majority that appellate jurisdiction does not lie in *8this case, and that habeas corpus jurisdiction does lie. I also share the concern expressed by the dissent that some may misconstrue the majority opinion as creating an “expansion of our habeas corpus jurisdiction [that] will open a ‘Pandora’s box’ of frivolous claims.” I do not, however, find the majority’s conclusion “that the imposition of conditions of probation that contain unconstitutional infringements of freedom of action constitutes a ‘restraint’ within the scope of habeas corpus relief” creates…