State v. Garrett

In State v. Garrett, 16 Ariz. App. 427, 429, 493 P.2d 1232, 1234 (1972), the state sought special action relief after the trial court set bond for the defendant--who already had been admitted to bail on other felony offenses--arguing he was not bailable pursuant to article II, 22. Id. at 428, 493 P.2d at 1233. The Court quashed the order setting bond, finding the state had established the proof was evident and the presumption great as to the present charge and the court had released the defendant "solely upon the theory that the constitutional provision was not mandatory." Id. at 429, 493 P.2d at 1234. The Court reasoned that allowing the trial court to release the defendant after the state had proven the bail exception would "completely subvert the provision's purpose and relegate bail determination to the conditions that existed prior to the time that the constitutional provision was approved by the people." Id.