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NORTON v. SUPERIOR COURT

No. 1 CA-SA 91-044.

171 Ariz. 155 (1992)

829 P.2d 345

Robert Paul NORTON, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Robert L. Gottsfield, a judge thereof, Respondent Judge. STATE of Arizona, ex rel., Grant WOODS, Arizona Attorney General, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department C.

March 31, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Verda A. Holland, Asst. Atty. Gen., Phoenix, for respondent real party in interest.

Dean W. Trebesch, Maricopa County Public Defender by Nicholas S. Hentoff, Deputy Public Defender, Phoenix, for petitioner.

OPINION

FIDEL, Judge.

Petitioner was charged with failure to pay reasonable child support, a class six felony, in violation of Ariz. Rev. Stat. Ann. ("A.R.S.") § 12-2458 (Supp. 1991).1 In a motion to dismiss, he argued that portions of that statute unconstitutionally shifted the burden of persuasion from the State to the defendant. Although the trial court agreed, it denied petitioner's motion to dismiss, finding that the...

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