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BARNES v. BERNINI

No. 2 CA-SA 2018-0029.

426 P.3d 313 (2018)

796 Ariz. Adv. Rep. 42

Jarrad Trevor BARNES, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Filed July 30, 2018.

Attorney(s) appearing for the Case

James L. Fullin , Pima County Legal Defender, By James L. Fullin , Legal Defender, and Stephanie Ryan , Assistant Legal Defender, Tucson, Counsel for Petitioner.

Barbara LaWall , Pima County Attorney, By Jacob R. Lines , Deputy County Attorney, Tucson, Counsel for Real Party in Interest.

Judge Espinosa authored the opinion of the Court, in which Presiding Judge Vásquez and Judge Eppich concurred.

OPINION

¶ 1 In this special action, petitioner Jarrad Barnes challenges the respondent judge's order scheduling a jury trial to determine whether his conviction for negligent homicide is punishable as a dangerous offense. He maintains empaneling a new jury to determine a fact necessary to enhance his sentence violates...

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