Legal Opinion

Spence v. Bacal

Court of Appeals of Arizona

Decided February 6, 2018No. 2 CA-CV 2017-0118Published

1Opinion of the Court

VÁSQUEZ, Presiding Judge:

¶ 1 Anthony Spence appeals from the superior court's denial of relief in his special action challenging the Pima County Justice Court's order denying his request for a jury trial on three misdemeanor assault charges. Spence argues he is entitled to a jury trial because, if convicted of all three charges, the aggregate sentence could potentially exceed six months. Because we conclude that misdemeanor assault is not a jury-eligible offense, we affirm.

Factual and Procedural Background

¶ 2 The relevant facts are not in dispute. Spence was charged in justice court with…

2Cases cited22 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Taylor v. HayesSupreme Court of the United States · 1974
  3. Codispoti v. PennsylvaniaSupreme Court of the United States · 1974
  4. Blanton v. City of North Las VegasSupreme Court of the United States · 1989
  5. Frank v. United StatesSupreme Court of the United States · 1969

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