STATE v. NICHOLS

No. 2 CA-SA 01-0062.

33 P.3d 1172 (2001)

201 Ariz. 234

The STATE of Arizona, Petitioner, v. Hon. Richard NICHOLS, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Jack Carpenter Motley, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

October 30, 2001.


Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney, By Elizabeth Hurley, Tucson, for Petitioner.

Lingeman and Bock, By Richard C. Bock, Tucson, for Real Party in Interest.


OPINION

FLOREZ, J.

¶ 1 Real party in interest Jack Motley was charged by indictment with possessing a dangerous drug for sale and possessing marijuana for sale.1 Petitioner State of Arizona filed an allegation of serious drug offense (significant source of income) pursuant to A.R.S. § 13-3410(A), which provides, in relevant part, that a person convicted of one or both of these substantive offenses who receives...

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