Legal Opinion

Phoenix City Prosecutor's Office v. Ybarra

Court of Appeals of Arizona

Decided June 21, 2007No. 1 CA-SA 07-0029PublishedCited by 4 opinions

1Opinion of the Court

OPINION

TIMMER, Judge.

¶ 1 We accept jurisdiction in this special action to decide whether the State must consent to a defendant’s waiver of his right to a jury trial on a charge of misdemeanor driving under the influence (“DUI”) in violation of Arizona Revised Statutes (“A.R.S.”) section 28-1381 (Supp.2006). For the reasons that follow, we hold the State’s consent is not required.

BACKGROUND

¶2 The State charged real-party-in-interest Joshua Price Landers with driving while impaired to the slightest degree in violation of A.R.S. § 28-1381(A)(l) and driving with a blood alcohol concentration…

2Cases cited23 opinions

  1. Williams v. FloridaSupreme Court of the United States · 1970
  2. Patton v. United StatesSupreme Court of the United States · 1930
  3. Singer v. United StatesSupreme Court of the United States · 1965
  4. Walker v. City of ScottsdaleCourt of Appeals of Arizona · 1989
  5. City of Phoenix v. Super. Ct., Maricopa Cty.Arizona Supreme Court · 1984

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3Cited by4 opinions

  1. Phoenix City Prosecutor's Office v. YbarraArizona Supreme Court · 2008
  2. State v. ThomasCourt of Appeals of Arizona · 2008
  3. Phoenix City Prosecutor v. Hon. ybarra/landersArizona Supreme Court · 2008
  4. State v. ThomasCourt of Appeals of Arizona · 2008

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