Burton v. SUPERIOR COURT, ETC.

OPINION

EUBANK, Judge.

We exercised our discretion and accepted the petition for special action of Robert Marshall Burton in order to determine whether the respondent, Judge of the Superior Court, had acted in excess of her jurisdiction by granting the Maricopa County Attorney’s motion to modify the conditions of petitioner’s probation on August 4, 1976. It is our opinion that the respondent judge did exceed her jurisdiction and, consequently, the August 4th order must be vacated.

On November 26, 1974, a complaint was filed against the petitioner charging him with the grand theft of a cement…