State v. Le Noble

OPINION

PORTLEY, Judge.

¶ 1 Steve Le Noble (“Defendant”) challenges his conviction and sentence for misdemeanor resisting arrest and contends that he was entitled to a trial by jury. We agree.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 We review the facts in the light most favorable to sustaining the verdict. See State v. Guerra, 161 Ariz. 289, 293, 778 P.2d 1185, 1189 (1989). In October 2005, Defendant was approached by a Phoenix police officer while in the parking lot of a take-out restaurant. He was asked to empty his pockets, and did so voluntarily. The officer reported he saw a small bag…