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ROGERS v. COTA

No. 1 CA-CV 08-0848.

219 P.3d 254 (2009)

Eric ROGERS, Petitioner/Appellant, v. Honorable Francisca COTA, Respondent Judge/Appellee and Phoenix City Prosecutors Office, Real Party In Interest/Appellee.

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

October 27, 2009.

Attorney(s) appearing for the Case

Ballecer & Segal by Natalee E. Segal, Law Offices of Neal W. Bassett by Neal W. Bassett, Phoenix, Attorneys for Petitioner/Appellant.

Aaron Carreon-Ainsa, Phoenix City Prosecutor By Gary L. Shupe, Assistant City Prosecutor, Phoenix, Attorney for Real Party in Interest/Appellee.

OPINION

DOWNIE, Judge.

¶ 1 Eric Rogers appeals the superior court's denial of special action relief in his extreme DUI case originating in the Phoenix Municipal Court. We affirm and hold that mandatory assessments, incarceration costs, and surcharges are excluded when determining the municipal court's jurisdiction. We further hold that the municipal court judge, not a jury, determines whether a DUI defendant's blood alcohol concentration ("BAC") exceeds...

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