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SCARBOROUGH v. SUPERIOR COURT

No. 1 CA-SA 94-0309.

181 Ariz. 283 (1995)

889 P.2d 641

James Charles SCARBOROUGH, Petitioner, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF YUMA, the Honorable Philip L. Hall, a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

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

February 14, 1995.

Attorney(s) appearing for the Case

Weil & Nelson by John N. Nelson, Yuma, for petitioner.

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, Phoenix, and David S. Ellsworth, Yuma County Atty. by David M. Haws, Deputy County Atty., Yuma, for real party in interest.

OPINION

JACOBSON, Presiding Judge.

Petitioner James Charles Scarborough (defendant) seeks special action review of the trial court's denial of his motion for automatic change of judge pursuant to Rule 17.4(g), Arizona Rules of Criminal Procedure.1 The issue presented is whether the trial judge who rejected a plea agreement between defendant and the state as "somewhat lenient" abused his discretion in failing to grant defendant...

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