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CAIN v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 4268.

135 Ariz. 101 (1982)

659 P.2d 654

Germaine CAIN, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON, Pima County, State of Arizona; Bram Goldman, City Magistrate; and Hon. James M. Wilkes, Judge Pro Tempore of Superior Court of the State of Arizona, Respondent, and OFFICE OF the CITY PROSECUTOR, Real Party in Interest/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 7, 1982.

Review Granted November 16, 1982.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Tucson, for petitioner/appellant.

Frederick S. Dean, City Atty. by R. William Call and Tobin Rosen, Asst. City Attys., Tucson, for real party in interest/appellee.

OPINION

HATHAWAY, Judge.

The defendant, charged with DWI in the Tucson City Court, filed a notice of change of judge pursuant to 17 A.R.S., Rules of Criminal Procedure, Rule 10.2. The request was denied. A petition for special action to review the denial was filed in the superior court and denied. This appeal followed.

Rule 10.2 affords a peremptory change of judge in superior court. In Anagnostos v. Truman, 25 Ariz.App....

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