State v. Jones

OPINION

HOWARD, Judge.

The sole issue in this case is whether the legislature may constitutionally grant to the prosecutor the authority to make or withhold a recommendation of alternative sentencing by the court under A.R.S. § 28-692.01(0).

Appellee was convicted by a jury of driving under the influence in violation of A.R.S. § 28-692. The Tucson city magistrate sentenced appellee under the alternative sentencing provision of A.R.S. § 28-692.01(C) without the recommendation of the prosecutor. The state appealed the sentencing to the superior court which affirmed the action of the city court and…