STATE v. PETRAK

No. 1 CA-CR 99-0730.

8 P.3d 1174 (2000)

198 Ariz. 260

STATE of Arizona, Appellee, v. David Edward PETRAK, Appellant.

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

As Amended September 11, 2000.


Attorney(s) appearing for the Case

Janet Napolitano, Attorney General By Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and James P. Beene, Assistant Attorney General, Phoenix, for Appellee.

Sherman Jensen, Chandler, for Appellant.


OPINION

GERBER, Judge.

¶ 1 David Edward Petrak appeals his conviction for misconduct involving weapons pursuant to Arizona Revised Statutes Annotated ("A.R.S.") section 13-3102(A)(8) (Supp. 1999). He contends the trial court erred in admitting certain evidence and in failing to instruct the jury that, to convict, it had to find more than a mere temporal nexus between the guns and the drugs that formed the factual basis for the charge. We agree and reverse...

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