State ex rel. Berning v. Davis

BRAMMER, Judge.

A city magistrate dismissed underlying criminal and civil traffic charges against real party in interest Allen Daniels on the ground that the state had violated his right to a speedy trial under Rule 8, Ariz.R.Crim.P., 17 A.R.S. The state appealed to superior court and the respondent judge affirmed. This special action followed. Because we find the state has no equally plain, speedy, or adequate remedy by appeal, see A.R.S. § 22-375(B); State ex rel. McDougall v. Superior Court, 178 Ariz. 544, 875 P.2d 203 (App.1994), and because the respondent judge abused his discretion in…