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STATE v. GALATI EX REL. COUNTY OF MARICOPA

Nos. CV-98-0558-PR, CR-99-0014-PR.

985 P.2d 494 (1999)

195 Ariz. 9

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. Hon. Frank T. GALATI, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge. Russell K. Petersen, Real Party in Interest. State of Arizona, Appellee, v. Lance Allen Root, Appellant.

Supreme Court of Arizona, En Banc.

Reconsideration Denied September 21, 1999.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Gerald R. Grant, Deputy Maricopa County Attorney, Phoenix, Attorneys for Petitioner State of Arizona.

Dean W. Trebesch, Maricopa County Public Defender by John Rock and C. Daniel Carrion and Russell G. Born and Tammy Wray, Deputy Maricopa County Public Defenders, Phoenix, Attorneys for Real Party in Interest Russell K. Petersen.

Janet A. Napolitano, The Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Colleen L. French and Serena Christion, Assistant Attorneys General, Criminal Appeals Section, Phoenix, Attorneys for Appellee State of Arizona.

Law Offices of David Michael Cantor, P.C. by David Michael Cantor, Mesa, Attorney for Appellant Lance Allen Root.

Law Offices of Michael J. Dew by Michael J. Dew, Phoenix, Attorneys for Amicus Curiae City of Phoenix Public Defender.

H. Allen Gerhardt, Jr., Coconino County Public Defender by Diane S. McCoy, Deputy Coconino County Public Defender, Flagstaff, Attorneys for Amicus Curiae Coconino County Public Defender.

OPINION

McGREGOR, Justice.

¶ 1 These consolidated cases present the question whether a trial judge can order a bifurcated trial that permits a defendant to plead guilty or to stipulate to prior convictions that are elements of a charged offense, withhold knowledge of the defendant's plea or stipulation from the jury, and submit the remaining elements to the jury. We granted review of two conflicting court of appeals' opinions, State v. Galati,

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