State Ex Rel. Romley v. Superior Court

OPINION

GORDON, Chief Justice.

The State petitioned for review of the court of appeals’ decision declining special action jurisdiction. The petition for review raised the issue of whether a criminal defendant may waive a preliminary hearing over the objection of the State, even though Ariz.R.Crim.P. 5.1(b), 17 A.R.S., requires the prosecutor’s signature on the waiver form. We remanded the matter to the trial court for a preliminary hearing and granted review with an opinion to follow. This is that opinion. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. 12-120.24.

FACTUAL…