Opinion
No. 2 CA-CIV 541.
October 29, 1968.
Original proceeding in certiorari to review judgment of contempt. The Court of Appeals set aside the conviction, 8 Ariz. App. 25, 442 P.2d 562. On motion for rehearing, the Court of Appeals held that superior court was without jurisdiction to alter record while cause was pending on certiorari before Court of Appeals.
Motion denied.
J. Mercer Johnson, Johnson, Darrow, Hayes Morales, Tucson, for petitioner.
Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Phoenix, Richard J. Riley, Cochise County Atty., Bisbee, for respondent.
ORDER
This court is of the opinion that the superior court was without jurisdiction to alter the record in this cause by the minute entry order of May 22, 1968. 14 C.J.S. Certiorari § 110d; State ex rel. Reorganized School Dist. R-2 of Newton County v. Robinson, 276 S.W.2d 235 (Mo.App. 1955); Mercado v. Superior Court, 51 Ariz. 436, 77 P.2d 810 (1938).
We do not pass upon the superior court's authority to amend the record after issuance of the mandate in these certiorari proceedings.
It is ordered that the motion for rehearing be, and it hereby is, denied.