State v. Quintana

In State v. Quintana, 195 Ariz. 325, 326 PP2-3, 987 P.2d 811, 812 (App. 1999), the Court reviewed the propriety of the State's re-designation of trespass allegations, following a mistrial, from a felony to a misdemeanor, which thereby deprived the defendant of a new jury trial on the trespass allegations. The Court upheld the re-designation as a proper exercise of the State's discretion, id. at 326 P7, 987 P.2d at 812, despite the fact that this action eliminated the defendant's right to a second jury trial on the allegations. Id. at 327 PP9-10, 987 P.2d at 813 (citing A.R.S. 13-702(G) (Supp. 1999)).