STATE v. RAMSEY

No. 1 CA-CR 90-1488.

171 Ariz. 409 (1992)

831 P.2d 408

STATE of Arizona, Appellant, v. Vicky Jean RAMSEY, Appellee.

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

Review Denied June 30, 1992.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Arthur Hazelton, Deputy County Atty., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by Paul C. Klapper, Deputy Public Defender, Phoenix, for appellee.


OPINION

TOCI, Judge.

The primary issue we decide today is whether the language of the domestic violence statute, which requires prosecutorial concurrence with the judge's decision to defer the entry of guilt, violates the separation of powers doctrine and, if so, whether the unconstitutional part may be severed. In addition, we must decide whether a biological parent whose parental rights have been legally severed is related within the second degree of consanguinity...

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