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OTTAWAY v. SMITH

No. 1 CA-CV 04-0815.

113 P.3d 1247 (2005)

210 Ariz. 490

Richard OTTAWAY, Petitioner/Appellant, v. The Honorable Richard SMITH, Judge of the Phoenix Municipal Court, Respondent Judge, The Phoenix City Prosecutor's Office, Real Party in Interest/Appellee.

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

June 30, 2005.

Attorney(s) appearing for the Case

Neal W. Bassett, Otilia M. Diaz, and Ballacer & Segal By Natalee E. Segal, Phoenix, Attorneys for Petitioner/Appellant.

Office of the Phoenix City Prosecutor By B. Don Taylor, III, Assistant City Prosecutor, Phoenix, Attorneys for Real Party in Interest.

OPINION

EHRLICH, Judge.

¶ 1 The Office of the Phoenix City Prosecutor charged Richard Ottaway with interfering with a judicial proceeding. See Ariz.Rev.Stat. ("A.R.S.") § 13-2810(A)(2) (2003). Ottaway asked that this charge be tried to a jury, a motion denied by the municipal court and special-action relief denied by the superior court. For reasons that follow, we affirm.

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