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MUNGARRO v. RILEY

No. 2 CA-SA 91-0130.

170 Ariz. 589 (1991)

826 P.2d 1215

Ruben R. MUNGARRO, Petitioner, v. The Honorable James L. RILEY, A Judge for the Superior Court of the State of Arizona, County of Chochise, and the Honorable Michael Cass, Justice of the Peace of the Justice Court of Cochise County, Respondents, and The STATE of Arizona, Real Party in Interest.

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

Review Denied April 7, 1992.

Attorney(s) appearing for the Case

Robert Arentz, Cochise County Public Defender by Vincent J. Frey, Bisbee, for petitioner.

Alan K. Polley, Cochise County Atty. by Douglas C. Whitney, Bisbee, for real party in interest.

OPINION

LACAGNINA, Presiding Judge.

This special action is brought from the lower court's denial of petitioner Ruben R. Mungarro's demand for a jury trial on the charge of false reporting to a law enforcement agency, in violation of A.R.S. § 13-2907.01. Because Mungarro is without an adequate remedy by appeal, and a special action is the proper means for questioning the right to a jury trial, Rothweiler v. Superior Court, 100...

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