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STATE EX REL. COLLINS v. SUPERIOR COURT

No. 1 CA-SA 88-177.

161 Ariz. 392 (1989)

778 P.2d 1288

The STATE of Arizona ex rel. Thomas E. COLLINS, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Frank T. Galati, a judge thereof, Respondent Judge, David Robert VALENTI, Real Party in Interest.

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

Review Denied September 19, 1989.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty, Phoenix, for petitioner.

Patterson & Terribile by Daniel B. Patterson, Phoenix, for real party in interest.

OPINION

FIDEL, Presiding Judge.

In State ex rel. Collins v. Udall, 149 Ariz. 199, 717 P.2d 878 (1986), the Arizona Supreme Court ruled that the state must make a bifurcated presentation to the trial jury in a felony DWI prosecution when prior convictions are alleged. This case presents the question whether a bifurcated presentation is likewise required to the grand jury...

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