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MANIC v. DAWES

No. 2 CA-CV 2005-0128.

141 P.3d 732 (2006)

Pamela MANIC, Petitioner/Appellee, v. Honorable Kate DAWES, Judge of the Tucson City Court of the State of Arizona in and for the County of Pima, Respondent, and Tucson City Attorney's Office, Real Party in Interest/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Redesignated as Opinion March 15, 2006.

As Corrected March 22, 2006.

Attorney(s) appearing for the Case

David Alan Darby and Natasha Wrae, Tucson, Attorneys for Petitioner/Appellee.

Michael G. Rankin, Tucson City Attorney, By Laura Brynwood and William F. Mills, Tucson, Attorneys for Real Party in Interest/Appellant.

OPINION

BRAMMER, Judge.

¶ 1 The state appeals from the superior court's ruling in a special action proceeding filed by appellee Pamela Manic that challenged the respondent Tucson city magistrate's order denying Manic a jury trial. The court held that, as a defendant in a misdemeanor driving under the influence of an intoxicant (DUI) case, Manic has the right to a jury trial. We agree and affirm the ruling.

Factual and Procedural Background...

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