State v. Frey

OPINION

GREER, Judge.

The issue in this case is whether a trial judge can deny a defendant a jury trial, when the defendant has been charged with a class 6 felony, by stating an intention, before trial, to designate the offense a misdemeanor if the defendant is convicted at trial. We hold that the trial judge cannot do so, and therefore reverse defendant’s conviction.

Defendant was charged with criminal damage, a class 6 felony. The legislature has determined that the maximum punishment for a class 6 felony conviction is incarceration for 1.87 years and a $150,000 fine. A.R.S. § 13-701 et seq.;…