(DOWNLOAD) "State v. Kearney" by In the Court of Appeals State of Arizona Division Two Department B # Book PDF Kindle ePub Free
eBook details
- Title: State v. Kearney
- Author : In the Court of Appeals State of Arizona Division Two Department B
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
OPINION 1 In this special action, petitioner State of Arizona contends the respondent judge erred in ordering real party in interest Amy Lou Henderson to remain released on bond pending sentencing following her conviction for aggravated driving under the influence of an intoxicant (DUI) in violation of A.R.S. § 28-1383(A)(1). The state argues that, because Henderson must be imprisoned for four months pursuant to § 28-1383(D) even if she is granted probation, the respondent judge was required to order her ""immediately placed into custody after conviction"" pursuant to Rule 7.2(b)(1), Ariz. R. Crim. P., 16A A.R.S. That rule generally requires such action for persons convicted in superior court who ""will in all reasonable probability suffer a sentence of imprisonment."" Because the state has no equally plain, speedy, and adequate remedy by appeal, see A.R.S. § 13-4032 and Rule 1(a), Ariz. R. P. Special Actions, 17B A.R.S., and because this is a pure question of law, a matter of first impression, and an issue of statewide importance, we accept jurisdiction. Ariz. Dep't of Revenue v. Superior Court, 189 Ariz. 49, 51, 938 P.2d 98, 100 (App. 1997). We conclude the respondent judge had discretion to continue Henderson's release on bond, and we therefore deny relief. See Ariz. R. P. Special Actions 3.
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