(DOWNLOAD) "Mungarro v. Riley" by Arizona Court of Appeals No. 2 CA-SA 91-0130 " eBook PDF Kindle ePub Free
eBook details
- Title: Mungarro v. Riley
- Author : Arizona Court of Appeals No. 2 CA-SA 91-0130
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This special action is brought from the lower court's denial of petitioner Ruben R. Mungarro's demand for a jury trial on the charge of false reporting to a law enforcement agency, in violation of A.R.S. § 13-2907.01. Because Mungarro is without an adequate remedy by appeal, and a special action is the proper means for questioning the right to a jury trial, Rothweiler v. Superior Court, 100 Ariz. 37, 410 P.2d 479 (1966), we assume jurisdiction and grant relief. A criminal defendant is guaranteed the right to a jury trial. Ariz.Const. art. 2, §§ 23, 24. That right, however, has only been extended to serious crimes. Rothweiler, supra. A three-prong test has been formulated to assess whether a crime is serious. A jury trial will be warranted where either (1) the defendant is exposed to a severe penalty; (2) the act involves moral turpitude; or (3) the crime has traditionally merited a jury trial. State ex rel. Baumert v. Superior Court, 127 Ariz. 152, 618 P.2d 1078 (1980); State v. Harrison, 164 Ariz. 316, 792 P.2d 779 (App.1990), cert. denied, U.S. , 111 S.Ct. 979, 112 L.Ed.2d 1064 (1991).