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EARL v. GARCIA EX REL. COUNTY OF MARICOPA

No. 1 CA-SA 13-0096.

324 P.3d 863 (2014)

Daniel Jay EARL, Petitioner, v. The Honorable Jeanne GARCIA, Judge of the Superior Court of The State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

May 15, 2014.

Attorney(s) appearing for the Case

David Goldberg, Attorney at Law By David Goldberg, Fort Collins, CO, Counsel for Petitioner.

Maricopa County Attorney's Office By Karen Kemper, Phoenix, Counsel for Real Party in Interest.

OPINION

JOHNSEN, Judge.

¶ 1 Rule 8 of the Arizona Rules of Criminal Procedure requires a defendant to be tried within a specified time period, and Rule 16.6(a) precludes the prosecution from voluntarily dismissing a charge to avoid the Rule 8 deadline. Daniel Jay Earl argues the State violated these rules by dismissing a theft charge against him on the eve of the deadline because it was unprepared to go to...

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