In Derendal v. Griffith, 209 Ariz. 416, 419, P 8, 104 P.3d 147, 150 (2005), the Arizona Supreme Court determined that Article 2, Section 23 mandates retention of the first prong of the Rothweiler test (Rothweiler v. Superior Court) the relationship of the offense to common law crimes. Id. at P 9. Recognizing that the phrase "shall remain inviolate," preserves the right to jury trial as it existed at the time Arizona adopted its constitution, the court concluded that the right to a jury trial is guaranteed "for any defendant charged with an offense for which a jury trial was granted prior to statehood." Id. The court further recognized that "when the right to jury trial for an offense existed prior to statehood, it cannot be denied for modern statutory offenses of the same 'character or grade.'" Id. at P 10. Thus, to determine whether Section 23 assures a right to a jury trial, we consider whether a modern crime has a common law antecedent. Id. To reach this determination, we evaluate whether the charged offense contains elements "comparable" or "substantially similar" to those found in a jury-eligible common law offense. Id. at 419, 425, PP 10, 39, 104 P.3d at 150, 156.