Claudia Patricia Higuera v. State of Arizona

OPINION

STARING, Judge:

¶ 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 accept special action jurisdiction, we deny relief.

Factual and Procedural Background

¶2 Higuera was charged with theft, and arraigned on March 21. Her ease was assigned to the respondent on that date. On March 30, Higuera’s counsel filed a notice of change of judge…