State Ex Rel. Collins v. Superior Court

OPINION

FIDEL, Presiding Judge.

In State ex rel. Collins v. Udall, 149 Ariz. 199, 717 P.2d 878 (1986), the Arizona Supreme Court ruled that the state must make a bifurcated presentation to the trial jury in a felony DWI prosecution when prior convictions are alleged. This case presents the question whether a bifurcated presentation is likewise required to the grand jury when a felony DWI indictment is sought. Because the question is of state-wide importance, we exercise our special action jurisdiction to decide it.

Procedural History

On May 31, 1988, the Maricopa County Grand Jury received…