State v. Superior Court of Maricopa County

JENNINGS, Justice.

Respondent Alexander Thomas Cafarella was convicted in a municipal court of driving under the influence of intoxicating liquor, and was sentenced to pay a fine of $100 or serve 40 days in jail. The fine was paid and respondent thereafter filed timely notice of appeal in the municipal court. The petitioner City of Tempe filed in the superior court a motion to dismiss the appeal for want of jurisdiction on the grounds that respondent had not posted a bond on appeal and that he had satisfied the sentence imposed by the municipal court. This motion was denied and petitioner…