STATE v. HARDESTY

No. CR-08-0244-PR.

214 P.3d 1004 (2009)

STATE of Arizona, Appellee, v. Danny Ray HARDESTY, Appellant.

Supreme Court of Arizona, En Banc.

September 8, 2009.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation, Phoenix, Joseph L. Parkhurst, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Derienzo and Williams, P.L.L.C. By Daniel J. DeRienzo, Craig Williams, Prescott Valley, Attorneys for Danny Ray Hardesty.


OPINION

BERCH, Chief Justice.

¶ 1 Danny Ray Hardesty seeks review of his convictions for possession of marijuana and drug paraphernalia. He attempted to assert a religious use defense to the charges pursuant to Arizona Revised Statutes ("A.R.S.") § 41-1493.01 (2004), but was precluded from doing so. We hold that although religious exercise may be asserted as a defense, Hardesty's defense fails as a matter of law. We affirm the convictions.

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