State v. Keel

OPINION

BIRDSALL, Judge.

We must set aside the appellant’s conviction of attempted theft of a pick-up truck because his peremptory change of judge request was not honored.

Judge Michael J. Brown was permanently assigned to appellant’s case by minute entry *533dated March 16, 1982. Appellant filed a motion for change of judge pursuant to Rule 10.2, Arizona Rules of Criminal Procedure, 17 A.R.S., on March 30, 1982, but this motion was denied by Judge Druke, the Presiding Judge, as untimely.

The rule governing the time for filing a motion for change of judge reads, in pertinent part, as follows:

“A…