State ex rel. Berning v. Alfred

OPINION

DRUKE, Chief Judge.

In this special action, we are asked to decide whether the speedy trial time limits of Ariz. R.Crim. P. 8.2, 17 A.R.S., are suspended under Ariz. R.Crim. P. 31.16 when the state appeals from an order granting the defendant a new trial. We conclude that they are.

Following a bench trial, real party in interest Joseph Phininzy (the defendant) was convicted of theft in Tucson City Court. On January 2, 1996, the city court granted the defendant’s motion for a new trial, and the state appealed to superior court. While the appeal was pending, a city court magistrate vacated…