State v. Superior Court of Maricopa County

JENNINGS, Justice.

Alexander Thomas Cafarella (hereinafter called respondent) was convicted in the Tempe Municipal Court on September 4, 1962 of driving an automobile while under the influence of intoxicating liquor, and was sentenced to pay a fine of $100 or serve 40 days in jail. He immediately paid the fine.

Respondent thereafter retained counsel and filed a notice of appeal in the Tempe Municipal Court on September 8, 1962. At that time the respondent was unable to post a bond on appeal. 1 However, the judge of the Municipal Court forwarded all papers to the superior court. The City of…