STATE v. SUPERIOR COURT, IN AND FOR CTY. OF PIMA

No. 2 CA-CIV 3128.

121 Ariz. 174 (1978)

589 P.2d 48

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and the Honorable Richard N. Roylston, Judge of the Superior Court, Division VII, and the Honorable Gary S. Grynkewich, Justice of the Peace, Precinct No. One, Respondents; and Peter Robert ESPINOSA, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

December 22, 1978.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Dennis L. Lusk, Deputy County Atty., Tucson, for petitioner.

John M. Neis, Pima County Public Defender by Karen Schleicher, Asst. Public Defender, Tucson, for real party in interest.


OPINION

RICHMOND, Chief Judge.

The state has brought a special action to challenge the respondent court's ordering a justice court jury trial for the real party in interest on the misdemeanor charge of shoplifting. A.R.S. § 13-673.1 Because the issue is a recurring one, inviting guidance for justice court operation, we assume jurisdiction and deny relief.

The constitutional right to trial by jury does not extend to...

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