State v. Superior Court

OPINION

VOSS, Presiding Judge.

In this case we hold that a defendant charged with aggravated driving while under the influence of intoxicating liquor or drugs (“aggravated DUI”) pursuant to Ariz.Rev.Stat. Ann. (“A.R.S.”) § 28-697(A)(2) is not entitled to a bifurcated trial.

FACTS AND PROCEDURAL HISTORY

In August 1992, Edward A. Walker (“defendant”) was charged with two counts of aggravated DUI, class 5 felonies. The indictment alleges that defendant had two DUI convictions pursuant to A.R.S. § 28- 692 within the past sixty months. Prior to trial, the state filed a motion requesting a…