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STATE v. COWLES

No. 1 CA-HC 02-0013.

82 P.3d 369 (2004)

207 Ariz. 8

STATE of Arizona, Plaintiff-Appellant, v. Mark W. COWLES, Defendant-Appellee.

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

January 8, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Susanna C. Pineda, Assistant Attorney General, Phoenix, Attorneys for Appellant.

Mark W. Cowles, Yuma, Appellee, In Propria Persona.

OPINION

PORTLEY, Judge.

¶ 1 The State of Arizona appeals the trial court's order releasing Mark W. Cowles from the custody of the Arizona Department of Corrections ("ADOC") pursuant to a writ of habeas corpus.

BACKGROUND

¶ 2 In July of 2002, Cowles, an inmate at the Arizona State Prison Complex in Florence, brought the underlying habeas corpus proceeding in the Navajo County Superior Court...

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