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STATE v. CITY COURT OF CITY OF TUCSON

Nos. 2 CA-CV 87-0351, 2 CA-CV 87-0353.

157 Ariz. 599 (1988)

760 P.2d 599

STATE of Arizona, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON, the Honorable Carmen Dolny, a Magistrate thereof; the Superior Court of the State of Arizona, County of Pima, the Honorable John Hawkins, a judge thereof, Respondents, and Timothy HARING, Real Party in Interest/Appellee. STATE of Arizona, Petitioner/Appellant, v. The CITY COURT of the CITY OF TUCSON, the Honorable Margarita Bernal, a Magistrate thereof; the Superior Court of the State of Arizona, County of Pima, the Honorable Thomas Meehan, a judge thereof, Respondents, and Marvin LITTLES, Real Party in Interest/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Granted September 27, 1988.

Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by L. Michael Anderson and M.J. Raciti, Tucson, for petitioner/appellant.

Dunscomb and Shepherd, P.C. by Denice R. Shepherd, Tucson, for real parties in interest/appellees.

OPINION

ROLL, Judge.

In these unrelated cases, the state appeals the decisions of two Tucson city magistrates granting jury trials for two defendants charged with misdemeanor possession of marijuana. For the reasons set forth below, we conclude that the possibility of six months' incarceration and/or a $1000 fine as punishment for the class 1 misdemeanor of unlawful possession of marijuana does not require a trial by jury.

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