Court of Appeals of Arizona February 28, 1984, 2 CA-SA 0024 (State v. Hawkins)

OPINION

HATHAWAY, Judge.

The state has brought this special action to challenge the trial court’s release of the real party in interest on bond pending appeal. Since the issue would be moot if the state were relegated to relief by appeal, and because we believe the court exceeded its jurisdiction in ordering the release, we assume jurisdiction and grant relief.