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RAYE v. JONES

No. 1 CA-SA 03-0001.

76 P.3d 863 (2003)

206 Ariz. 189

Leander D. RAYE, Petitioner, v. The Honorable Michael JONES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, The Phoenix City Prosecutor's Office, Real Party in Interest.

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

September 23, 2003.

Attorney(s) appearing for the Case

Laurie A. Herman, Scottsdale, and Neal W. Bassett, Phoenix, Attorneys for Petitioner.

Gary L. Shupe, Phoenix, Assistant City Prosecutor, Attorney for Real Party in Interest.

OPINION

GEMMILL, Judge.

¶ 1 The question presented is whether a person charged with violating Arizona Revised Statutes ("A.R.S.") section 4-244(33) (2002) is entitled to a trial by jury. We hold that this offense, often called "underage drinking and driving," is not a jury-eligible offense.

¶ 2 Leander D. Raye was twenty years old when cited for violating A.R.S § 4-244(33), which makes it unlawful...

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