STATE EX REL. ROMLEY v. SUPERIOR COURT

No. 1 CA-SA 94-0245.

183 Ariz. 139 (1995)

901 P.2d 1169

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Thomas W. O'Toole, a judge thereof, Respondent Judge, Alvaro Humberto OCHOA, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied March 7, 1995.

Review Denied September 12, 1995.


Attorney(s) appearing for the Case

Grant Woods, Arizona Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Richard M. Romley, Maricopa County Atty. by Arthur Hazelton, Deputy County Atty., Phoenix, for petitioner.

Law Offices of Nash & Jones, P.C. by Walter B. Nash III, Tucson, and Michael R. McDonnell, La Habra, CA, for real party in interest.


OPINION

JACOBSON, Presiding Judge.

The state petitions for special action review of Judge O'Toole's order denying the state's motion to conduct defendant's criminal trial in absentia, contrary to a prior ruling by Judge Galati granting the state's motion to try defendant in absentia pursuant to Rule 9.1, Arizona Rules of Criminal Procedure. The issues presented are (1) whether Judge O'Toole abused his discretion in reconsidering and vacating...

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