Provo City v. Raiser

IN THE UTAH COURT OF APPEALS

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Provo City,
Plaintiff and Respondent,

v.

Aaron Raiser,
Defendant and Petitioner.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010853-CA

F I L E D
(December 6, 2001)

2001 UT App 377

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Fourth District, Provo Department
The Honorable Claudia Laycock

Attorneys:
Aaron Raiser, Provo, for Petitioner Pro Se
Vernon F. Romney, Provo, for Respondent

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Before Judges Greenwood, Jackson, and Davis.

PER CURIAM:

Petitioner filed a petition for extraordinary relief. Although petitioner does not specify the provision under which he files, his petition would fall under Rule 65B(d) of the Utah Rules of Civil Procedure. Petitioner seeks a stay preventing the trial court from sentencing him on criminal charges. However, petitioner has not yet been tried or convicted of any charges. Petitioner claims that he has been deprived of requested discovery and that the prosecutor has engaged in witness tampering.

A petition for extraordinary relief will not be granted unless the petitioner demonstrates that he has no plain, speedy, and adequate remedy. Utah R. Civ. P. 65B(a). Petitioner in this case has not demonstrated that he has no plain, speedy, and adequate remedy because he has yet to be convicted. Assuming he is convicted, he can raise his claims on direct appeal from the conviction; provided that he raises the claims in the trial court

and received a ruling. Therefore, the petition for extraordinary relief is denied.

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Pamela T. Greenwood, Presiding Judge

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Norman H. Jackson, Associate Presiding Judge

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James Z. Davis, Judge