FIVEASH v. SUPERIOR COURT OF ARIZONA

No. 2 CA-SA 87-0120.

156 Ariz. 422 (1988)

752 P.2d 511

Kenneth J. FIVEASH, Petitioner, v. SUPERIOR COURT OF ARIZONA, in and for the COUNTY OF COCHISE, and 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.

Review Denied April 26, 1988.


Attorney(s) appearing for the Case

Edward W. Matchett, Bisbee, for petitioner.

Cochise Co. Atty. by Wayne A. Dirst, Bisbee, for real party in interest.


HATHAWAY, Judge.

The issue presented by this special action is whether a defendant, whose plea agreement has been rejected by the trial court and who has been granted a change of judge pursuant to Ariz.R.Crim.P. 17.4(g), 17 A.R.S., is entitled to a peremptory change of judge under Ariz.R.Crim.P. 10.2, 17 A.R.S., as to the judge to whom the case is subsequently assigned. The case presents a narrow question of law, one of statewide importance, and we therefore accept...

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