Newkirk v. Nothwehr

OPINION

THOMPSON, Judge.

¶ 1 Anthony Paul Newkirk (petitioner) challenges the denial of his request to allow a jury to find a prior conviction. Petitioner contends that Derendal v. Griffith, 209 Ariz. 416, 104 P.3d 147 (2005), resurrected the right to a jury trial on allegations of prior convictions. For the following reasons, we accept jurisdiction and deny relief.

FACTUAL AND PROCEDURAL HISTORY

¶2 Petitioner was charged with driving under the influence. The state filed an allegation of a prior conviction. Petitioner requested a jury trial on the allegation of prior conviction. The trial court…