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STATE EX REL. ROMLEY v. MARTIN

No. CV-02-0267-PR.

69 P.3d 1000 (2003)

205 Ariz. 279

STATE of Arizona, ex rel., Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. The Honorable Gregory MARTIN and the Honorable Jonathan H. Schwartz, Judges of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judges, Cruz Olivas Landeros and Steven P. Steadman, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

June 5, 2003.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

James J. Haas, Maricopa County Public Defender by Christopher Johns, Deputy Public Defender, Phoenix, Attorneys for Real Party in Interest, Cruz Olivas Landeros.

James T. Myres, Phoenix, Attorney for Real Party in Interest, Steven P. Steadman.

OPINION

HURWITZ, Justice.

¶ 1 Under the "Drug Medicalization, Prevention, and Control Act of 1996," an initiative proposal adopted by the voters as Proposition 200 and subsequently codified at Arizona Revised Statutes ("A.R.S.") section 13-901.01 (Supp.2002), a person convicted for the first or second time of "personal possession or use of a controlled substance or drug paraphernalia" may not be sentenced to a term of imprisonment.

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