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State v. Honorable Carmen Dolny6/15/1989
is guided by the legislature, stating that "the maximum statutory penalty is the most relevant objective criteria in determining a defendant's Sixth Amendment right to a jury trial . . . ." Bruce, 126 Ariz. at 273, 614 P.2d at 815.
In light of these judicial pronouncements, it would be appropriate for the legislature, in setting sanctions imposable for conviction of crimes, to indicate that particular offenses, such as misdemeanor possession of marijuana or first-offense DUI, should not be tried before a jury. Assuming the constitutionality of the statute were challenged, this court could then face squarely the constitutional issues concerning a defendant's right to a jury trial.
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