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BOSWORTH v. ANAGNOST

No. 1 CA-CV 13-0326.

323 P.3d 736 (2014)

Edward BOSWORTH, Petitioner/Appellee, v. The Honorable George T. ANAGNOST, Judge of the Peoria Municipal Court of The State of Arizona, in and for the County of Maricopa, Defendant, State of Arizona ex rel. Stephen M. Kemp, Peoria City Attorney, Real Party in Interest/Appellant.

Court of Appeals of Arizona, Division 1.

April 24, 2014.

Attorney(s) appearing for the Case

Peoria City Attorney's Office, By Stephen M. Kemp , Anh Spiek , and Yvonne W. Vieau , Counsel, Peoria, for Real Party in Interest/Appellant.

Bain & Lauritano, P.L.C., By Sheri Lauritano Counsel , Glendale, for Petitioner/Appellee.

OPINION

WINTHROP, Judge.

¶ 1 For the following reasons, we affirm the decision of the superior court ordering a jury trial for Edward Bosworth ("Defendant"), because an individual charged with misdemeanor shoplifting by removal, pursuant to Arizona Revised Statutes ("A.R.S.") section 13-1805(A)(1) (West 2014), has a constitutional right upon request to a trial by jury.

FACTS AND PROCEDURAL HISTORY

¶ 2 Defendant is charged with...

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