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PADILLA v. SUPERIOR COURT OF ARIZONA, ETC.

No. 1 CA-CIV 6659-SA.

133 Ariz. 488 (1982)

652 P.2d 561

Gilbert M. PADILLA, Petitioner, v. The SUPERIOR COURT OF ARIZONA In and For the COUNTY OF COCONINO and William F. Garbarino, a judge thereof, Respondent Judge, The STATE of Arizona, Respondent Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

September 14, 1982.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Asst. Atty. Gen., Chief Counsel Crim. Div., Gary A. Fadell, Asst. Atty. Gen., Phoenix, for respondents.

Fresquez & Fresquez by Michelle L. Ratner, Flagstaff, for petitioner.

OPINION

KLEINSCHMIDT, Judge.

This cause was heard as a special action upon a petition alleging that the trial court's failure to order the petitioner's release from custody constituted an abuse of discretion.

The facts are not in dispute. On Friday, July 30, 1982, the petitioner, who had been placed on probation in December of 1981 subject to the condition that he not consume alcohol, was arrested in Coconino County for driving while intoxicated, a...

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