(DOWNLOAD) "State V. Superior Court" by Arizona Supreme Court " eBook PDF Kindle ePub Free

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eBook details

• Title: State V. Superior Court
• Author : Arizona Supreme Court
• Release Date : January 09, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Defendant/Real Party in Interest, Scott M. Barrett, was charged in the Municipal Court of the City of Phoenix with disorderly conduct, a class-1 misdemeanor, A.R.S. § 13-2904(A)(1). The penalty for a class-1 misdemeanor is six months imprisonment [A.R.S. § 13-707(1)] and a maximum fine of $1,000 [A.R.S. § 13-802(A)]. No other civil penalty or forfeiture is authorized for this offense except for a term of probation [A.R.S. § 13-901(A), A.R.S. § 13-902(A)(3)]. Defendant timely demanded and was denied a jury trial in the Municipal Court. After a trial to the court a judgment of guilty was entered, sentence suspended, and 1-year probation was imposed. Defendant appealed the judgment and sentence, based on the record in the lower court, to the Maricopa County Superior Court. One of the issues on appeal was defendant's denial of a jury trial. The judge of the Superior Court ordered that the severity of the punishment authorized by statute for disorderly conduct entitled defendant to a jury trial and he remanded the case to the lower court. The State of Arizona filed this petition for special action raising the question of whether there exists a federal and state constitutional right to a jury trial in a case of disorderly conduct for which the maximum penalty is six months imprisonment and a fine of $1,000.

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