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DERENDAL v. GRIFFITH

No. 1 CA-CV 03-0380.

83 P.3d 51 (2004)

207 Ariz. 51

Justin DERENDAL, Petitioner-Appellant, v. The Honorable Deborah GRIFFITH, Phoenix City Court Judge, Respondent Judge, Phoenix City Prosecutor's OFFICE, Real Party in Interest-Appellee.

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

January 27, 2004.

Attorney(s) appearing for the Case

Ballecer & Segal, L.L.P. By Neal W. Bassett, Natalee Segal, Phoenix, Attorneys for Appellant.

Peter Van Haren, Phoenix City Attorney, By William C. Solomon, Assistant City Prosecutor, Phoenix, Attorneys for Real Part in Interest-Appellee.

OPINION

STEPHENS, Judge.*

¶ 1 Justin Derendal, who is charged with drag racing, argues on appeal that he is entitled to a jury trial. For the reasons discussed below, we affirm the trial court's ruling that the offense of drag racing is not jury eligible.

BACKGROUND

¶ 2 Derendal was charged with drag racing, a violation of Arizona Revised Statutes ("A.R.S.") section 28-708(A) (Supp.2003). He requested...

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