Rogers v. Cota

OPINION

DOWNIE, Judge.

¶ 1 Eric Rogers appeals the superior court’s denial of special action relief in his extreme DUI ease originating in the Phoenix Municipal Court. We affirm and hold that mandatory assessments, incarceration costs, and surcharges are excluded when determining the municipal court’s jurisdiction. We further hold that the municipal court judge, not a jury, determines whether a DUI defendant’s blood alcohol concentration (“BAC”) exceeds .20, thus subjecting him or her to enhanced minimum penalties.

BACKGROUND

¶ 2 In January 2008, Rogers was charged in the Phoenix Municipal Court…