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State v. Newnom8/25/2004
22, 985 P.2d at 498 (Feldman, J., concurring). But the reasoning of the majority opinion was much broader than the concurring opinion would suggest. And the majority specifically disagreed with and vacated the court of appeals' decision in State v. Root, 193 Ariz. 442, 973 P.2d 1203 (App.1998). Galati, 195 Ariz. 9, 17, 985 P.2d at 497. Citing Rule 403, Ariz. R. Evid., 17A A.R.S., Division One of this court had held in Root that the trial court had erred by rejecting the defendant's offer to stipulate to the existence of prior DUI convictions in an attempt to prevent the jury from hearing the prejudicial evidence. 193 Ariz. 442, 11, 973 P.2d at 1206. Root did not involve any request for a bifurcated trial. Accordingly, Galati was not limited to the denial of a request for a bifurcated trial. And, in light of the supreme court's action in vacating Root, we cannot accept Newnom's argument.
7 Newnom also argues we should instead adopt the reasoning of State v. Leonard, 151 Ariz. 1, 725 P.2d 493 (App.1986), in which the court held that the trial court had erred by refusing to accept a defendant's stipulation to the existence of prior convictions under an earlier DUI statute. But Newnom admits that Leonard was decided at a time when the existence of prior convictions was not an element of the offense. Leonard, therefore, does not help Newnom.
8 Newnom finally argues that, to the extent Galati prevents the use of a stipulation to avoid presenting prejudicial evidence of prior convictions to the jury, it conflicts with the United States Supreme Court's decision in Old Chief v. United States, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997), and should be reconsidered. But our supreme court was aware of Old Chief when it decided Galati and found Old Chief distinguishable because the defendant there had contemplated that the jury would hear the stipulation and because the nature of the prior felony conviction there was not significant. Galati, 195 Ariz. 9, 15, 985 P.2d at 497. We have no authority to overrule or disregard decisions of our supreme court. State v. Sullivan, 205 Ariz. 285, 15, 69 P.3d 1006, 1009 (App.2003). Therefore, we cannot conclude that Galati conflicts with Old Chief nor can we reconsider it. Accordingly, the trial court did not err in refusing to require the state to accept Newnom's stipulation to the existence of the prior convictions or in refusing to preclude the state from introducing evidence about the convictions.
9 Newnom's conviction is affirmed.
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