No. 1 CA-CR 92-1114.

185 Ariz. 134 (1995)

912 P.2d 1363

STATE of Arizona, Appellee, v. James Edward FULLEM, Appellant.

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

Review Denied March 19, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Colleen L. French, Assistant Attorney General, Ginger Jarvis, Assistant Attorney General, Phoenix, for Appellee.

John C. Williams, Prescott, for Appellant.


TOCI, Judge.

James Edward Fullem ("defendant") appeals his convictions for unlawful use of food stamps. Arizona Revised Statutes Annotated ("A.R.S.") section 13-3701 provides that the crime of unlawful use of food stamps occurs when a person "transfers, acquires, or possesses food stamps ... in any manner not authorized by law or by the state department of economic security." We hold that (1) it was not fundamental...

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