[Download] "State V. Galati" by Arizona Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: State V. Galati
- Author : Arizona Supreme Court
- Release Date : January 08, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
¶1 These consolidated cases present the question whether a trial Judge can order a bifurcated trial that permits a defendant to plead guilty or to stipulate to prior convictions that are elements of a charged offense, withhold knowledge of the defendant's plea or stipulation from the jury, and submit the remaining elements to the jury. We granted review of two conflicting court of appeals' opinions, State v. Galati, 193 Ariz. 437, 973 P.2d 1198 (App. 1998) (hereinafter Petersen), and State v. Root, 193 Ariz. 442, 973 P.2d 1203 (App. 1998), to address this issue of statewide importance and resolve the conflict. See Ariz. Const. art. VI, § 5(3); A.R.S. § 12-120.24; Espinoza v. Martin, 182 Ariz. 145,146, 894 P.2d 688, 689 (1995) (grant of special action relief proper when issue is of statewide importance). We hold that a trial Judge cannot bifurcate a trial when doing so precludes a jury from considering prior convictions that are elements of a charged offense.