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STATE v. KALAULI

No. 1 CA-CV 16-0013.

414 P.3d 690 (2018)

STATE of Arizona, Petitioner/Appellant, v. Hon. Mitchell KALAULI, Respondent Judge/Appellee, Deliana Mildred Kroll, Real Party in Interest/Appellee.

Court of Appeals of Arizona, Division 1.

FILED March 20, 2018.

Attorney(s) appearing for the Case

Lake Havasu City Attorney's Office, Lake Havasu City, By Charles F. Yager , Counsel for Petitioner/Appellant.

Whitney & Whitney PLLC, Kingman, By Jacob W. Baldridge , Counsel for Real Party in Interest/Appellee.

Peoria City Attorney's Office, Peoria, By Michael L. Dynes , Counsel for Amicus Curiae City of Peoria.

Judge Michael J. Brown delivered the opinion of the Court, in which Presiding Judge Diane M. Johnsen and Judge Jon W. Thompson joined.

OPINION

¶ 1 We address here whether a defendant charged with misdemeanor theft of services is entitled to a jury trial under the Arizona Constitution. Under our criminal code, theft is a unified offense and a defendant's eligibility for a jury trial must therefore be analyzed within that context. Because at least one...

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