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AMANCIO v. FORSTER

No. 1 CA-CV 98-0530.

993 P.2d 1059 (1999)

196 Ariz. 95

Joseph C. AMANCIO, Petitioner-Appellant, v. Honorable George FORSTER, Mesa City Court Judge and the Mesa Court Prosecutor's Office, Respondents-Appellees.

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

Review Denied November 30, 1999.

Attorney(s) appearing for the Case

Neal W. Bassett, Phoenix, for Petitioner-Appellant.

R. Kevin Hays, Assistant City Prosecutor, Mesa City Prosecutor's Office, Mesa, for Respondents-Appellees.

OPINION

WEISBERG, Judge.

¶ 1 Joseph C. Amancio was arrested for unlawful imprisonment, a class 6 felony, but the prosecutor designated the offense a class 1 misdemeanor, which would not entitle him to a jury trial. Amancio subsequently filed a special action in the superior court arguing that he was entitled to a jury trial because this crime has been classified as a felony by Arizona Revised Statutes Annotated ("A.R.S.") section 13-1303(A)(1989). The...

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