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PHOENIX CITY PROSECUTOR'S OFFICE v. YBARRA

No. 1 CA-SA 07-0029.

160 P.3d 695 (2007)

PHOENIX CITY PROSECUTOR'S OFFICE, Petitioner, v. The Honorable Gloria YBARRA, Judge of the Phoenix Municipal Court, Respondent Judge, Joshua Price Landers, Real Party in Interest.

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

June 21, 2007.

Attorney(s) appearing for the Case

Kerry G. Wangberg, Phoenix City Prosecutor By Gary L. Shupe, Assistant City Prosecutor, Phoenix, Attorneys for Petitioner.

Law Office of Jonathan L. Warshaw By Jonathan L. Warshaw, Gilbert, Attorneys for Real Party in Interest.

OPINION

TIMMER, Judge.

¶ 1 We accept jurisdiction in this special action to decide whether the State must consent to a defendant's waiver of his right to a jury trial on a charge of misdemeanor driving under the influence ("DUI") in violation of Arizona Revised Statutes ("A.R.S.") section 28-1381 (Supp.2006). For the reasons that follow, we hold the State's consent is not required.

BACKGROUND

¶ 2 The State charged real-party-in...

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