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STATE v. MERCURIO

Nos. 1 CA-CR 10290, 1 CA-CR 10291 and 1 CA-CR 10292.

153 Ariz. 336 (1987)

736 P.2d 819

STATE of Arizona, Appellee, v. Sally Ann MERCURIO, Thomas Jesse Sapien, and Rose Skicewicz, Appellants.

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

Review Denied May 12, 1987.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Div., and Roderick G. McDougall, City Atty. by Cynthia A. Certa, Louis Frank Dominguez, Asst. City Prosecutors, Phoenix, for appellee.

Richard D. Coffinger, Glendale, for appellants.

Marvin A. Sondag, Phoenix, for Phoenix Municipal Court, amicus curiae.

OPINION

BROOKS, Judge.

This consolidated appeal challenges the validity of chapter 8, § 5 of the Phoenix City Charter, which provides for the appointment of municipal court judges pro tempore. Each of the appellants was tried in Phoenix City Court before a judge pro tempore and was convicted of driving while intoxicated. We affirm.

FACTS

On September 20, 1985, appellant Mercurio's case was called for jury trial in the Phoenix...

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