Cain v. City Court of Tucson

OPINION

HATHAWAY, Judge.

The defendant, charged with DWI in the Tucson City Court, filed a notice of change of judge pursuant to 17 A.R.S., Rules of Criminal Procedure, Rule 10.2. The request was denied. A petition for special action to review the denial was filed in the superior court and denied. This appeal followed.

Rule 10.2 affords a peremptory change of judge in superior court. In Anagnostos v. Truman, 25 Ariz.App. 190, 541 P.2d 1174 (1975), we held that the rule specifically allowed the peremptory challenge of a judge only at the superior court level and not in the city court. Appellant…