State v. Galati Ex Rel. County of Maricopa

FELDMAN, Justice,

specially concurring.

¶ 18 I disagree with the analysis applied and therefore write separately.

¶ 19 The basis for my disagreement with the majority’s analysis is well set forth in the court of appeals’ opinion in State v. Root, 193 Ariz. 442, 973 P.2d 1203 (App.1998), and need not be repeated here. The Wisconsin Supreme Court reached a conclusion similar to that in Root in State v. Alexander, 214 Wis.2d 628, 571 N.W.2d 662 (1997). The Wisconsin court held that when the defendant offers to stipulate to a prior status offense and the state rejects the offer for no purpose other…