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PHOENIX CITY PROSECUTOR'S OFFICE v. YBARRA

No. CV-07-0265-PR.

182 P.3d 1166 (2008)

PHOENIX CITY PROSECUTOR'S OFFICE, Petitioner, v. The Honorable Gloria YBARRA, Judge of the Phoenix Municipal Court, Respondent Judge, Joshua Price Landers, Real Party in Interest.

Supreme Court of Arizona.

April 24, 2008.

Attorney(s) appearing for the Case

Aarón J. Carreón-Aínsa, Phoenix City Prosecutor, Kerry G. Wangberg, Former Phoenix City Prosecutor by Gary L. Shupe, Assistant City Prosecutor, Phoenix, Attorneys for Phoenix City Prosecutor's Office.

Jonathan L. Warshaw, Gilbert, Attorney for Joshua Price Landers.

OPINION

RYAN, Justice.

¶ 1 For misdemeanor driving under the influence ("DUI") offenses, Arizona Revised Statutes ("A.R.S.") section 28-1381(F) (1998 and Supp.2005) provides that "[a]t the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted." We hold that this statute does not allow a defendant to waive a jury trial without the consent of the prosecution.

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