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STATE v. FLOURNOY

No. 1 CA-SA 98-0031.

971 P.2d 197 (1998)

193 Ariz. 150

The STATE of Arizona, Petitioner, v. The Honorable J. Michael FLOURNOY, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF COCONINO, Respondent Judge, Jon Kevin Ming, Real Party in Interest.

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

March 26, 1998.

Attorney(s) appearing for the Case

Flagstaff City Attorney's Office by S. Lee White, Assistant City Attorney, Flagstaff, for Petitioner.

Law Office of Lee Brooke Phillips, P.C. by Thomas W. Dean, Flagstaff, for Real Party in Interest.

OPINION

NOYES, Acting Presiding Judge.

¶ 1 The question is whether a defendant who waives the right to trial by jury in municipal court can invoke that right when granted a trial de novo on appeal to superior court. The trial court allowed Real Party in Interest ("Ming") to invoke that right, and the State filed a petition for special action. We accept jurisdiction and deny relief.

¶ 2 Ming was...

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