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O'BRIEN v. ESCHER

Nos. 2 CA-SA 2003-0008, 2 CA-SA 2003-0015.

65 P.3d 107 (2003)

204 Ariz. 459

Jeremy Sean O'BRIEN and April Luette Stockton, Petitioners, v. The Honorable Patricia G. ESCHER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

March 24, 2003.

Attorney(s) appearing for the Case

Isabel G. Garcia, Pima County Legal Defender, By Stephan J. McCaffery, Tucson, for Petitioner O'Brien.

Susan A. Kettlewell, Pima County Public Defender, By Ken Bowman, Tucson, for Petitioner Stockton.

Barbara LaWall, Pima County Attorney, By Elizabeth Hurley, Tucson, for Real Party in Interest.

OPINION

PELANDER, Presiding Judge.

¶ 1 In these consolidated special actions, petitioners Jeremy Sean O'Brien and April Luette Stockton ask us to decide whether the November 2002 amendment by referendum of A.R.S. § 13-901.01(E), which allows a criminal defendant convicted of a "Proposition 200" offense to be incarcerated under certain circumstances, may be applied retroactively to a defendant whose offense was committed before November 25...

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