Madrid v. Hon mullins/state

NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION ONE ALEX ANTHONY MADRID, Petitioner, v. THE HONORABLE KAREN MULLINS, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of MARICOPA, Respondent Judge, STATE OF ARIZONA ex rel. WILLIAM MONTGOMERY, Maricopa County Attorney, Real Party in Interest. No. 1 CA-SA 14-0081 FILED 05-29-2014 Appeal from the Superior Court in Maricopa County CR2013-458974-001 SE The Honorable Karen A. Mullins, Judge JURISDICTION ACCEPTED, RELIEF DENIED COUNSEL Maricopa County Public Defender’s Office, Phoenix By Bobbi Falduto, David J. Teel Counsel for Petitioner Maricopa County Attorney’s Office,Phoenix By Diane Meloche Counsel for Real Party in Interest MADRID v. HON MULLINS/STATE Decision of the Court DECISION ORDER Presiding Judge John C. Gemmill delivered the decision of the Court, in which Judge Peter B. Swann and Judge Patricia A. Orozco joined. G E M M I L L, Judge: ¶1 Petitioner Alex Anthony Madrid seeks special action review of the superior court’s order denying his motion to remand this matter to the grand jury for a new determination of probable cause. After consideration of the petition for special action, response, and reply, this court concludes that special action jurisdiction is appropriately exercised in this matter and that the superior court did not abuse its discretion in denying Petitioner’s motion to remand. Accordingly, ¶2 IT IS ORDERED accepting special action jurisdiction in this matter but denying relief. :gsh 2