State v. Leenhouts

OPINION

McGREGOR, Chief Justice.

¶ 1 Arizona Rule of Criminal Procedure 14.1 requires that a defendant not in custody be arraigned “within 30 days after the filing of an indictment” or “as soon as possible thereafter.” Ariz. R.Crim. P. 14.1(a), (b). We must decide whether the superior court erred in ordering a trial to proceed on a supervening indictment on the same day that the defendant learned of the supervening indictment. We hold that the superior court erred in requiring the trial to proceed.

I

¶ 2 In 2003, Ann Leenhouts began divorce proceedings against her then-husband. In August 2004,…