NEVAREZ v. SUPERIOR COURT

No. 2 CA-SA 0446.

151 Ariz. 472 (1986)

728 P.2d 691

Luciano NEVAREZ, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF COCHISE; Hon. James L. Riley, a Judge thereof, Respondents, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

November 10, 1986.


Attorney(s) appearing for the Case

Desens & Behrens by Edward W. Matchett, Bisbee, for petitioner.

Alan K. Polley, Cochise Co. Atty. by Patrick M. Elliston, Bisbee, for real party in interest.


OPINION

FERNANDEZ, Judge.

This special action was taken from the order of the trial court denying petitioner's request for change of judge pursuant to Rule 10.2, Rules of Criminal Procedure, 17 A.R.S. The issue presented, the effect of periods in which a defendant is unrepresented by counsel on the running of the ten-day period under the rule, is one of statewide importance. Further, petitioner has no equally plain, speedy or adequate remedy by way of appeal...

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