Justin DERENDAL, Petitioner-Appellant,
v.
Hon. Deborah GRIFFITH, Judge of the Phoenix City Court, Respondent Judge,
Phoenix City Prosecutor's Office, Real Party in Interest-Appellee.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
January 14, 2005.
January 14, 2005.
Attorney(s) appearing for the Case
Law Offices of Neal W. Bassett by Neal W. Bassett and Natalee Segal, Phoenix, and Laurie A. Herman, Attorney at Law by Laurie A. Herman, Scottsdale, Attorneys for Justin Derendal.
Peter Van Haren, Phoenix City Attorney by William C. Solomon, Assistant City Prosecutor and Samuel K. Lesley, Assistant City Prosecutor, Phoenix, Attorneys for Phoenix City Prosecutor's Office.
James J. Haas, Maricopa County Public Defender by Kathleen N. Carey, Deputy Public Defender, Phoenix, Attorneys for Amicus Curiae Maricopa County Public Defender.
Stephen Paul Barnard, Tucson, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice.
Michael G. Rankin, Tucson City Attorney by Laura R. Brynwood, Principal Assistant City Attorney — Deputy and William F. Mills, Supervising Prosecutor Criminal Division, Tucson, Attorneys for Amicus Curiae City of Tucson.
Joseph R. Bertoldo, Scottsdale City Attorney by Kenneth M. Flint, Assistant City Prosecutor, Scottsdale, Attorneys for Amicus Curiae City of Scottsdale.
Tobin C. Sidles, Town Prosecutor, Town of Oro Valley and Dillon Fishman, Rule 38(e) Law Student, University of Arizona, College of Law, Oro Valley, Attorneys for Amicus Curiae Town of Oro Valley.
Deborah J. Spinner, Mesa City Attorney by Roger Kevin Hays, Chief Assistant City Prosecutor, and Stephen Mercer, Assistant City Prosecutor, Mesa, Attorneys for Amicus Curiae City of Mesa.
Law Office of Treasure Vandreumel by Treasure VanDreumel, Phoenix, and Gary Kula, City of Phoenix Public Defender, Contract Office, Phoenix, Attorneys for Amicus Curiae City of Phoenix Public Defender.
Supreme Court of Arizona, En Banc.
OPINION
McGREGOR, Vice Chief Justice.
¶ 1 We granted review to consider whether Arizona should retain the test set out in Rothweiler v. Superior Court,100 Ariz. 37, 410 P.2d 479 (1966), to determine when the Arizona Constitution mandates that a criminal offense be eligible for trial by jury.
I.
¶ 2 Justin Derendal was charged in Phoenix Municipal Court...
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