Uhlig v. Lindberg

SPECIAL ACTION PROCEEDING In this special action proceeding, Petitioner Diane Uhlig challenges the Respondent Judge's order which reversed the Tucson City Court's dismissal with prejudice, on limitations grounds, of the misdemeanor criminal charges against petitioner. Petitioner contends the Respondent Judge's ruling was arbitrary and in excess of his jurisdiction and legal authority. Although the charges were filed within the one-year limitation period imposed by A.R.S. § 13-107(B)(2), she maintains that once the City Court dismissed the charges without prejudice on the State's motion, § 13-107(F) limited the period for refiling to six months after the date of dismissal and thus barred the State from refiling and serving the charges on petitioner eight months later. The City Court apparently agreed and dismissed the charges with prejudice. We accept jurisdiction of the petition for special action because the issue allegedly is a recurring one ""which can be decided on legal principles and statutory interpretation rather than factual resolutions."" Lee v. Superior Court, 173 Ariz. 120, 121, 840 P.2d 296, 297 (App. 1992). For the reasons stated below, however, we deny relief.