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NIEUWENHUIS v. KELLY

No. 2 CA-SA 90-0109.

164 Ariz. 603 (1990)

795 P.2d 823

Sonny J. NIEUWENHUIS, Petitioner, v. The Honorable John F. KELLY, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

July 24, 1990.

Attorney(s) appearing for the Case

Susan A. Kettlewell, Pima County Public Defender by Leah Hamilton, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Jesse Figueroa, Tucson, for real party in interest.

OPINION

FERNANDEZ, Chief Judge.

Petitioner Sonny J. Nieuwenhuis seeks special action relief from the trial court's sentencing order, entered after petitioner's failure to qualify for the shock incarceration program, one of the conditions of his sentence of intensive probation. Because Nieuwenhuis has no equally plain, speedy, and adequate remedy by appeal, Rule 1, Ariz.R.P. Spec. Actions, 17B A.R.S., we accept jurisdiction and grant relief in part.

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