STATE v. SMITH

No. 14428.

672 P.2d 631 (1983)

The STATE of Nevada, Appellant, v. Samuel Elmer SMITH, Respondent.

Supreme Court of Nevada.

December 1, 1983.


Attorney(s) appearing for the Case

D. Brian McKay, Atty. Gen., Carson City, Robert Miller, Dist. Atty., and James Tufteland and L.J. O'Neale, Deputy Dist. Attys., Las Vegas, for appellant.

Graves & Potter, Las Vegas, for respondent.


OPINION

GUNDERSON, Justice:

This case presents an appeal from a district court order, which granted a writ of mandamus compelling the justice's court to grant respondent a jury trial in a pending prosecution for driving under the influence (DUI). Because we conclude that respondent has neither a statutory nor a constitutional right to a trial by jury in a DUI prosecution, we reverse.

Given the issues presented in this appeal, few facts need be mentioned...

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