Rust III v. Maughan

----ooOoo----

Robert Rust III,
Petitioner,

v.

Honorable Paul B. Maughan,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020262-CA

F I L E D
May 16, 2002 2002 UT App 168 -----

Original Proceeding in this Court

Attorneys:
Robert Rust III, Florence, Colorado, Petitioner Pro Se
Brent M. Johnson, Salt Lake City, for Respondent -----

Before Judges Bench, Davis, and Thorne.

PER CURIAM:

Petitioner filed for extraordinary relief under Rule 65B of the Utah Rules of Civil Procedure. He seeks an order from this court mandating the trial court to dismiss the charges against him. While in custody, petitioner filed a demand for speedy trial on the charges before this court, or, in the alternative, a "motion to dismiss." However, the trial court has not yet ruled on Petitioner's motion. Extraordinary relief is available only when "no other, plain, speedy, and adequate remedy is available." Utah R. Civ. P. 65B(a). Petitioner has a plain, speedy, and adequate remedy in the trial court by obtaining a ruling on the pending motion.

Because Petitioner has not demonstrated the requirements for extraordinary relief, his petition is denied.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
William A. Thorne Jr., Judge