STATE EX REL. MONTGOMERY v. WOODBURN

No. 1 CA-SA 12-0205.

292 P.3d 201 (2012)

STATE of Arizona, ex rel., William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable R. Jeffrey WOODBURN, Commissioner of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Commissioner, Denis Donald Schmeissing, Real Party in Interest.

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

December 6, 2012.


Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney, by Lisa Marie Martin , Deputy County Attorney, Phoenix, Attorneys for Petitioner.

James J. Haas , Maricopa County Public Defender, by John Sullivan , Deputy Public Defender, Phoenix, Attorneys for Real Party in Interest.


OPINION

PORTLEY, Judge.

¶ 1 This special action asks whether the trial court can place a defendant on probation pursuant to Arizona Revised Statutes ("A.R.S.") section 13-901.01 (West 2012) ("Proposition 200"), after he pled guilty to "attempt to obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge." A.R.S. §§ 13-1001, -3401, -3408, -3418, -701, -702, and -801. Because we find that Proposition...

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