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BENITEZ v. DUNEVANT

No. 1 CA-SA 98-0126.

979 P.2d 1017 (1998)

194 Ariz. 224

Daniel Paul BENITEZ, Petitioner, v. The Honorable Thomas DUNEVANT III, Judge of the Superior Court Of The State Of Arizona, in and for the County of Maricopa, Respondent Judge, The Phoenix City Prosecutor's Office, Real Party in Interest.

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

Review Granted May 25, 1999.

Attorney(s) appearing for the Case

Neal W. Bassett, Phoenix, for Petitioner.

Roderick G. McDougall, City Attorney by Rebecca M. Gore, Assistant City Prosecutor, Phoenix, for Real Party in Interest.

OPINION

NOYES, Judge.

¶ 1 We hold that driving on a DUI-suspended license is a jury-eligible offense and that Arizona Revised Statutes Annotated ("A.R.S.") section 22-320(A) (1990) is constitutional.

¶ 2 Petitioner was charged with driving when his license was suspended for conviction of Driving while Under the Influence of Intoxicating Liquor ("DUI"). The offense is in violation of A.R.S. section 28-3473(B) (1998) (formerly section 28...

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