STATE EX REL. THOMAS v. CONTES

No. 1 CA-SA 07-0201.

169 P.3d 115 (2007)

STATE of Arizona, ex rel. Andrew P. THOMAS, Maricopa County Attorney, Petitioner, v. The Honorable Connie CONTES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Israel Saldana Perez, Real Party in Interest.

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

October 25, 2007.


Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney By David E. Wood, Lisa Marie Martin, Deputy County Attorneys, Phoenix, Attorneys for Petitioner.

Hawkins & Hawkins, PLLC By Mark W. Hawkins, Mesa, Attorneys for Real Party in Interest.


OPINION

TIMMER, Judge.

¶ 1 We are asked in this special action to decide whether the definition of "prohibited possessor" in Arizona Revised Statutes ("A.R.S.") section 13-3101(A)(6)(e) (Supp. 2006), which includes persons who are prohibited possessors under 18 United States Code ("U.S.C.") section 922(g)(5), as excepted by subsection (y) of that provision, requires proof that possession of any firearm or ammunition had a nexus with interstate or foreign...

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