Godoy v. Hantman

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This case presents the question whether each party receives a new opportunity to file a notice of a peremptoiy change of judge when the state refiles a criminal matter previously dismissed without prejudice. We conclude that a new indictment begins a separate matter and that the right to a peremptoiy change of judge applies as if no prior action had been filed.

I

¶2 The State charged Defendant Godoy with ten counts of peijury in violation of Arizona Revised Statutes (A.R.S.) section 13-2702 (2001). In May 2001, a grand jury indicted Godoy on nine of the…