State v. Flournoy

OPINION

NOYES, Acting Presiding Judge.

¶ 1 The question is whether a defendant who waives the right to trial by jury in municipal court can invoke that right when granted a trial de novo on appeal to superior court. The trial court allowed Real Party in Interest (“Ming”) to invoke that right, and *151the State filed a petition for special action. We accept jurisdiction and deny relief.

¶ 2 Ming was convicted of DUI in a trial to the Flagstaff Municipal Court sitting without a jury. Ming failed to appear for trial, but his appeal to superior court was authorized by Arizona Revised Statutes Annotated…