HIGUERA v. LEE

No. 2 CA-SA 2016-0033.

383 P.3d 1150 (2016)

Claudia Patricia HIGUERA, Petitioner, v. The Hon. Kenneth LEE, Judge of the Superior Court of the State of Arizona, in and for The County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed October 7, 2016.


Attorney(s) appearing for the Case

Benavidez Law Group, P.C., Tucson, By Javier Alatorre , Counsel for Petitioner.

Barbara LaWall , Pima County Attorney, By Nicolette Kneup , Deputy County Attorney, Tucson, Counsel for Real Party in Interest.

Judge Staring authored the opinion of the Court, in which Presiding Judge Howard and Judge Espinosa concurred.


OPINION

¶ 1 By special action, Claudia Higuera challenges the respondent judge's determination that she had waived her right to a peremptory change of judge under Rule 10.2, Ariz. R. Crim. P., and had failed to properly file the notice for such a change. We agree Higuera waived her right and, therefore, although we...

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