STATE v. JONES

No. 2 CA-CR 3392.

142 Ariz. 302 (1984)

689 P.2d 561

The STATE of Arizona, Appellant, v. Dwaine JONES, Appellee.

Court of Appeals of Arizona, Division 2.

Review Denied October 16, 1984.


Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by Frank W. Kern, III, Tucson, for appellant.

Kelly C. Knop, Tucson, for appellee.


OPINION

HOWARD, Judge.

The sole issue in this case is whether the legislature may constitutionally grant to the prosecutor the authority to make or withhold a recommendation of alternative sentencing by the court under A.R.S. § 28-692.01(C).

Appellee was convicted by a jury of driving under the influence in violation of A.R.S. § 28-692. The Tucson city magistrate sentenced appellee under the alternative sentencing provision of A.R.S. §...

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