Fushek v. State

OPINION

HURWITZ, Justice.

¶ 1 This case requires us to decide whether the Arizona Constitution guarantees a jury trial to a misdemeanor defendant when the State files a special allegation of sexual motivation pursuant to Arizona Revised Statutes (“A.R.S.”) § 13-118 (2001).

I

¶ 2 In November 2005, the Maricopa County Attorney filed a complaint in the San Tan Justice Court alleging that Dale Joseph Fushek had committed ten misdemeanors. The State also filed a special allegation of sexual motivation pursuant to A.R.S. § 13-118 1 for each alleged offense. If the trier of fact finds sexual motivation,…