SNYDER v. DONATO

No. 1 CA-SA 05-0112.

118 P.3d 632 (2005)

Michael P. SNYDER, Petitioner, v. The Honorable Richard W. DONATO, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge, State of Arizona, Real Party in Interest.

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

August 30, 2005.


Attorney(s) appearing for the Case

Law Office of Maria Elena Cruz, PLLC By Maria Elena Cruz, Yuma, Attorneys for Petitioner.

Jon R. Smith, Yuma County Attorney By Roger Nelson, Deputy County Attorney, Yuma, Attorneys for Real Party in Interest.


OPINION

LANKFORD, Judge.

¶ 1 This opinion involves a rule that alters the time to bring a criminal case to trial. The State obtained additional time because it intended to present DNA evidence. The superior court found that the involvement of DNA evidence made this a "complex case" and enlarged the time pursuant to Arizona Rule of Criminal Procedure 8.2(a)(3). Because that ruling misapplied the rule and is not supported by the record, we accepted jurisdiction...

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