Benitez v. Dunevant

¶31 I agree that Benitez is not entitled to a jury trial for this misdemeanor, but not for the reasons stated by the majority. In State ex rel. McDougall v. Strohson, 190 Ariz. 120, 127, 945 P.2d, 1251, 1258 (1997) (Martone, J. concurring in the judgment), I stated at length my view that the time had come for us to abandon the subjective Roth-weiler /Dolny three-part test. I there argued that we should adopt the clear and distinct approach established in Blanton v. City of North Las Vegas, 489 U.S. 538, 542, 109 S.Ct. 1289, 1293, 103 L.Ed.2d 550 (1989). The federal Blanton test can be…