Fiveash v. Superior Court

In Fiveash v. Superior Court, 156 Ariz. 422, 423, 752 P.2d 511, 512 (App. 1988), the Court addressed whether a defendant who had exercised a change of judge under Rule 17.4(g) could later request a change of judge under Rule 10.2. The Court held that a defendant could not request an additional change of judge under Rule 10.2 if he had already exercised a "peremptory challenge" under Rule 17.4(g). Id. at 425, 752 P.2d at 514. In so holding, we emphasized that Rule 17.4(g) does not provide a change of judge "for cause," but rather gives a defendant "the opportunity for a peremptory change of judge which would otherwise be unavailable to him because of the expiration of the time limits of Rule 10.2 and because of his participation in the change of plea proceeding." Id.