Rojas v. Superior Court of Maricopa County, 8777

• Decision Date: 18 May 1966
• Docket Number: No. 8777,8777
• Citation: 100 Ariz. 364,414 P.2d 740
• Parties: Alfred ROJAS, Petitioner, v. SUPERIOR COURT OF MARICOPA COUNTY, Court Administrator, and the State of Arizona, real parties of interest, Respondents.
• Court: Arizona Supreme Court

Page 740

414 P.2d 740

100 Ariz. 364

Alfred ROJAS, Petitioner, v. SUPERIOR COURT OF MARICOPA COUNTY, Court Administrator, and the State of Arizona, real parties of interest, Respondents.

No. 8777.

Supreme Court of Arizona, In Banc.

May 18, 1966.

Vernon B. Croaff, Public Defender, Howard Schwartz, Deputy Public Defender, Phoenix, for petitioner.

Robert K. Corbin, County Atty., Ronald I. Rubin, Deputy County Atty., Darrell F. Smith, Atty. Gen., Phoenix, for respondents.

LOCKWOOD, Justice.

Petitioner Rojas (hereinafter called defendant) applied to this Court for a Writ of Prohibition directed to the Superior Court of Maricopa County, and the Court Administrator. He asked that they be prohibited from placing his name on the arraignment calendar and from holding an arraignment or trial in his case. The matter was heard before this Court on Tuesday, May 10, 1966, at the conclusion of which the Court issued a peremptory writ in the following language:

'A Peremptory Writ of Prohibition is GRANTED, prohibiting the Superior Court of Maricopa County from proceeding further in this cause except for an appropriate hearing under Rule 238, Rules of Criminal Procedure, to determine whether the Maricopa County Superior Court shall order that further prosecution be instituted.'

The basis of defendant's application for relief by prohibition is the right to a speedy trial as guaranteed by the Arizona Constitution, Article II, § 24, A.R.S., and Rule 236 of the Rules of Criminal Procedure, 17 A.R.S. Rule 236 reads as follows:

'When a person has been held to answer for an offense, if an information is not filed against him for the offense within thirty days thereafter, or when a person has been indicted or informed against for an offense, if he is not brought to trial for the offense within sixty days after the indictment has been found or the information filed, the prosecution shall be dismissed upon the application of such person, or of the county attorney, or on the motion of the court itself, Unless good cause to the contrary is shown by affidavit, or unless the action has not proceeded to trial because of the defendant's consent or by his action. When good cause is shown, the action may be continued, in which event the defendant if bailable shall be released on bail either on his own recognizance or on the undertaking of sureties.' (Emphasis supplied.)

Alfred Rojas was arrested on January 3, 1966 on a complaint charging him with the felony of assault with a deadly weapon, and he was lodged in the Maricopa County Jail. Thereafter the victim of the alleged assault having died, a complaint charging defendant with the crime of murder was filed, and a preliminary hearing held on January 20, 1966 before a Justice of the Peace. The Public Defender's Office was appointed to represent the defendant at the preliminary hearing, and he was held to answer to the Superior Court. An information charging murder was filed against him on January 27, 1966 being cause No. 48216 in the Superior Court of Maricopa County, Arizona. His name was placed on the arraignment calendar of Maricopa County by the Court Administrator for February 2, 1966.

On February 2, 1966 defendant came before the Honorable Edwin Thurston, Judge of the Superior Court for arraignment. At this time the Public Defender's Office was appointed to continue representing him. The Deputy Public Defender at that time orally requested a two day continuance for the purpose of determining whether petitioner was still indigent, wished to hire private counsel, or had any other intentions prior to being arraigned. The Court granted the request and ordered petitioner to be arraigned at 9:00 A.M. on February 4, 1966.

Petitioner's name was not placed on the arraignment calendar for February 4, 1966, as ordered by Judge Thurston, nor did his name ever appear until after a motion to dismiss the charge was made by the Public Defender's Office on March 29, 1966, sixty-one days after the information had been filed.

The motion to dismiss was opposed by the County Attorney's Office, and at an oral hearing before the Honorable R. C. Stanford, Jr., Judge of the Superior Court of Maricopa County, held on April 6, 1966 both sides having presented their arguments, the motion was denied.

On April 7, 1966 defendant, represented by counsel from the Public Defender's Office, appeared...