Fragoso v. Fell

FLÓREZ, Presiding Judge,

dissenting.

¶24 I respectfully dissent. Although I agree that special action jurisdiction is appropriate for the reasons stated in the majority opinion, I would grant relief because, in my view, cash-only bail violates the right to bail by sufficient sureties guaranteed by article II, § 22(A) of the Arizona Constitution. Moreover, I do not agree that the relevant procedural rules and statute clearly and unambiguously permit a cash-only restriction on bail; I would construe them otherwise, in harmony with my interpretation of the constitutional provision.

¶ 25 Article II,…