STATE v. FREY

No. 1 CA-CR 6996.

141 Ariz. 321 (1984)

686 P.2d 1291

STATE of Arizona, Appellee, v. Mark Daniel FREY, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

June 5, 1984.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Div., Asst. Atty. Gen. and Gary A. Fadell, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Michael G. Sullivan, Deputy Public Defender, Phoenix, for appellant.


OPINION

GREER, Judge.

The issue in this case is whether a trial judge can deny a defendant a jury trial, when the defendant has been charged with a class 6 felony, by stating an intention, before trial, to designate the offense a misdemeanor if the defendant is convicted at trial. We hold that the trial judge cannot do so, and therefore reverse defendant's conviction.

Defendant was charged with criminal damage, a class 6 felony. The legislature has...

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