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STATE EX REL. ROMLEY v. SUPERIOR COURT

Nos. 1 CA-SA 91-286, 1 CA-SA 91-287.

171 Ariz. 468 (1992)

831 P.2d 844

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable B. Michael Dann, a judge thereof, Respondent Judge, Dean Henry BEGODY and Fidel Jimenez Borunda, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied July 7, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Richard M. Romley, Maricopa County Atty. by Jessica Gifford Funkhouser and Mark K. Ainley, Deputy County Attys., Phoenix, for petitioner.

Dean W. Trebesch, Maricopa County Public Defender by James J. Haas and Robert W. Doyle, Deputy Public Defenders, Phoenix, for real parties in interest.

OPINION

McGREGOR, Judge.

The issue in this case is whether a defendant charged with aggravated driving while under the influence of intoxicating liquor is entitled to a bifurcated trial at which the state must first establish that he drove under the influence of liquor before being permitted to present evidence that his driver's license was invalid or restricted. We conclude a bifurcated trial is inappropriate.

I.

The state charged Dean Henry...

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