Rolph v. City Court of City of Mesa

HOLOHAN, Vice Chief Justice.

By Special Action the petitioner, Ray Justin Rolph, challenges the action of the respondent superior court judge in setting aside a judgment of acquittal entered in petitioner’s favor by the respondent magistrate in the Mesa City Court. We accepted jurisdiction to resolve the constitutional issue presented by this case.

The petitioner was charged by complaint in the City Court of Mesa with" committing an act of public sexual indecency by sexual contact in violation of A.R.S. § 13— 1403(A)(1). The case proceeded to trial before a jury. At the close of the state’s…