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CALIK v. SUPERIOR COURT

No. 1 CA-SA 97-0273.

979 P.2d 1 (1998)

194 Ariz. 188

David Peter CALIK, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF YUMA, the Honorable Kirby Kongable, a judge thereof, Respondent Judge, State of Arizona, Real Party in Interest.

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

Review Granted May 25, 1999.

Attorney(s) appearing for the Case

Ronald F. Jones, Yuma County Public Defender by Michael J. Perry, Deputy Public Defender, Yuma, for Petitioner.

David S. Ellsworth, Yuma County Attorney by Mark Edward Hessinger, Deputy County Attorney, Yuma, for Real Party in Interest.

Brown & Bain, P.A. by Paul F. Eckstein, John J. Tuchi, Phoenix, for Amici Curiae Arizonans for Drug Policy Reform and The People Have Spoken—SB 1373.

OPINION

GRANT, Judge.

¶ 1 In 1996, Arizona voters adopted Proposition 200, thereby effecting changes to Arizona's drug laws. David Peter Calik ("Calik") argues that Proposition 200 prohibits the trial court from imposing incarceration in jail as a condition of his probation following his conviction for a first offense of possession of methamphetamine. We hold that Proposition 200 does not preclude the trial court from imposing incarceration in jail...

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