STATE v. GOMEZ

No. CR-05-0062-PR.

127 P.3d 873 (2006)

212 Ariz. 55

STATE of Arizona, Appellee, v. Melissa Jean GOMEZ, Appellant.

Supreme Court of Arizona, En Banc.

February 8, 2006.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel, David Wood, Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for the State of Arizona.

Robert S. Briney, Maricopa County Legal Defender by Michele Lawson, Deputy Legal Defender (formerly with the Maricopa County Public Defender's Office), Phoenix, Attorneys for Melissa Jean Gomez.


OPINION

BALES, Justice.

¶ 1 A 1996 initiative measure known as Proposition 200 requires courts to place certain first- and second-time drug offenders on probation including appropriate drug treatment or education. Ariz.Rev.Stat. ("A.R.S.") § 13-901.01 (2002). Mandatory probation, however, does not apply to any defendant "who has been convicted of or indicted for a violent crime," and such persons may be imprisoned for their drug offenses. A.R.S...

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