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STATE v. HOOKER

No. 2 CA-CIV 3924.

128 Ariz. 251 (1981)

624 P.2d 1299

The STATE of Arizona, Petitioner, v. The Honorable Robert J. HOOKER, Judge of the Superior Court, in and for the County of Pima, State of Arizona, and Frank Arthur Roby, Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

February 25, 1981.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by D. Jesse Smith, Deputy County Atty., and Michael J. Pearce, Tucson (28(e) Student), for petitioner.

Richard S. Oseran, Pima County Public Defender by Tom J. Hagen, Tucson, for respondents.

OPINION

HATHAWAY, Chief Judge.

The state brought this special action to challenge the respondent court's precluding it from proving the allegations of prior convictions with any documents which had not been presented to the defense by the time of a change of plea hearing. Because the state has no remedy by appeal and we believe the respondent court acted in excess of its jurisdiction, we assume jurisdiction and grant relief.

The real party in interest...

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