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FUSHEK v. STATE

No. CV-07-0251-PR.

183 P.3d 536 (2008)

Dale Joseph FUSHEK, Petitioner/Appellee, v. STATE of Arizona, Real Party in Interest/Appellant.

Supreme Court of Arizona, En Banc.

February 14, 2008.

Attorney(s) appearing for the Case

Stinson Morrison Hecker, L.L.P. by Michael Charles Manning and Law Office of Thomas M. Hoidal, P.L.C. by Thomas M. Hoidal, Phoenix, Attorneys for Dale Joseph Fushek.

Andrew P. Thomas, Maricopa County Attorney by Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

OPINION

HURWITZ, Justice.

¶ 1 This case requires us to decide whether the Arizona Constitution guarantees a jury trial to a misdemeanor defendant when the State files a special allegation of sexual motivation pursuant to Arizona Revised Statutes ("A.R.S.") § 13-118 (2001).

I.

¶ 2 In November 2005, the Maricopa County Attorney filed a complaint in the San Tan Justice Court alleging that Dale Joseph Fushek had committed ten...

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