Mungarro v. Riley, 2

CourtCourt of Appeals of Arizona
Citation170 Ariz. 589,826 P.2d 1215
Docket NumberNo. 2,CA-SA,2
PartiesRuben R. MUNGARRO, Petitioner, v. The Honorable James L. RILEY, A Judge for the Superior Court of the State of Arizona, County of Chochise, and the Honorable Michael Cass, Justice of the Peace of the Justice Court of Cochise County, Respondents, and The STATE of Arizona, Real Party in Interest. 91-0130.
Decision Date05 November 1991
OPINION

LACAGNINA, Presiding Judge.

This special action is brought from the lower court's denial of petitioner Ruben R. Mungarro's demand for a jury trial on the charge of false reporting to a law enforcement agency, in violation of A.R.S. § 13-2907.01. Because Mungarro is without an adequate remedy by appeal, and a special action is the proper means for questioning the right to a jury trial, Rothweiler v. Superior Court, 100 Ariz. 37, 410 P.2d 479 (1966), we assume jurisdiction and grant relief.

A criminal defendant is guaranteed the right to a jury trial. Ariz.Const. art. 2, §§ 23, 24. That right, however, has only been extended to serious crimes. Rothweiler, supra. A three-prong test has been formulated to assess whether a crime is serious. A jury trial will be warranted where either (1) the defendant is exposed to a severe penalty; (2) the act involves moral turpitude; or (3) the crime has traditionally merited a jury trial. State ex rel. Baumert v. Superior Court, 127 Ariz. 152, 618 P.2d 1078 (1980); State v. Harrison, 164 Ariz. 316, 792 P.2d 779 (App.1990), cert. denied, 498 U.S. 1093, 111 S.Ct. 979, 112 L.Ed.2d 1064 (1991).

As to the first test, the maximum imposable penalty for a defendant facing a class 1 misdemeanor is a six-month jail term and a fine of up to $2,500. To constitute a severe penalty, the exposure to incarceration must exceed six months, Harrison, supra, 164 Ariz. at 317, 792 P.2d at 780. The amount in fines has been held to be of "no talismanic significance." Baumert, supra, 127 Ariz. at 154-55, 618 P.2d at 1080-81.

The prong of the test which mandates a jury trial for crimes which merited a jury trial at common law is not applicable because the crime with which Mungarro is charged did not exist at common law. Indeed, it did not even exist in Arizona until it was added in 1981.

Therefore, only if the crime here involves moral turpitude would Mungarro be entitled to a jury trial. In discussing the moral quality of an accused's acts, some cases characterize the conduct as that of a "depraved and inherently base person," O'Neill v. Mangum, 103 Ariz. 484, 445 P.2d 843 (1968). See also Du Vall v. Board of Medical Examiners, 49 Ariz. 329, 66 P.2d 1026 (1937). In other cases, moral turpitude has been found to refer to acts which adversely reflect on honesty, integrity, or personal values. State ex rel. Dean v. Dolny, 161 Ariz. 297, 778 P.2d 1193 (1989), cert. denied, 493 U.S. 1080, 110 S.Ct. 1136, 107 L.Ed.2d 1041 (1990); see Ariz.R.S.Ct. 42, 17A A.R.S., Rules of Professional Conduct, ER 8.4 (Comment). Moral turpitude has been held to involve a readiness to do evil, that is, such...

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17 cases
  • Derendal v. Griffith
    • United States
    • Arizona Supreme Court
    • January 14, 2005
    ...449, 494 P.2d 54 (1972) (bottomless dancing); State v. Superior Court, 121 Ariz. 174, 589 P.2d 48 (shoplifting); Mungarro v. Riley, 170 Ariz. 589, 826 P.2d 1215 (App.1991) (false reporting to law enforcement agency); Frederickson, 187 Ariz. 273, 928 P.2d 697 (leaving the scene of an acciden......
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  • Benitez v. Dunevant
    • United States
    • Arizona Supreme Court
    • July 31, 2000
    ...months and $300 fine for drunk and disorderly conduct in 1968 insufficient for jury eligibility); see also Mungarro v. Riley, 170 Ariz. 589, 590, 826 P.2d 1215, 1216 (App.1991) (possible six-month prison sentence and $2500 fine did not make false reporting to a law officer jury eligible, th......
  • Raye v. Jones
    • United States
    • Arizona Court of Appeals
    • September 23, 2003
    ...jury-eligible offenses. Id. (listing supreme court cases holding these offenses not jury eligible). See also Mungarro v. Riley, 170 Ariz. 589, 590, 826 P.2d 1215, 1216 (App.1991) (holding that penalty of six months in jail and $2500 fine for false reporting to a law officer did not trigger ......
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