Phoenix City Prosecutor's Office v. Ybarra

OPINION

RYAN, Justice.

¶ 1 For misdemeanor driving under the influence (“DUI”) offenses, Arizona Revised Statutes (“A.R.S.”) section 28-1381(F) (1998 and Supp.2005) provides that “[a]t the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.” We hold that this statute does not allow a defendant to waive a jury trial without the consent of the prosecution.

I

¶2 The Phoenix City Prosecutor’s Office charged Joshua Price Landers in municipal court with two DUI offenses: driving while impaired to the slightest…