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STATE v. SUPERIOR COURT

No. 1 CA-SA 97-0156.

944 P.2d 515 (1997)

189 Ariz. 573

STATE of Arizona, Petitioner, v. The SUPERIOR COURT of Arizona, In and For the COUNTY OF MARICOPA; and the Honorable Thomas Dunevant, a Judge thereof; Respondent Judge, and Gary TIBSHRAENY, Real Party in Interest.

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

July 22, 1997.

Attorney(s) appearing for the Case

Catherine J. Kelley, Gilbert Town Prosecutor by Nicole R. Laurin, Assistant Town Prosecutor, Gilbert, for Petitioner.

Killian, Nicholas, Fischer, Wirken, Cook & Pew, P.L.C. by M. Paul Fischer and Kent M. Nicholas, Mesa, for Real Party in Interest.

OPINION

LANKFORD, Judge.

The State petitions this Court for special action relief, claiming that the trial court erred in granting defendant's request for a jury trial. We agree and grant the State's requested relief.

Because the State is without an adequate remedy by appeal, and special action review is the proper manner to address the right to a jury trial, we accept jurisdiction. See State v. Miller, 172 Ariz. 294

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