State ex rel. McDougall v. Municipal Court

OPINION

FIDEL, Presiding Judge.

This is an appeal from an order of the superior court denying special action relief to the state. We hold that the superior court properly declined to interfere with the municipal court’s decision to set defendants’ motions to strike allegations of prior convictions for pre-trial hearing.

Background

Keith Johnson and Conrad Kurz, the real parties in interest, are defendants in separate municipal court prosecutions for driving while under the influence of alcohol (DWI). In each case the state alleged prior convictions for purposes of sentence enhancement. In each…