STATE v. OTTAR

No. CR-12-0462-PR.

302 P.3d 622 (2013)

STATE of Arizona, Appellant, v. Kevin OTTAR and Ruan Junior Hamilton, Appellees.

Supreme Court of Arizona, En Banc.

June 26, 2013.


Attorney(s) appearing for the Case

William G. Montgomery , Maricopa County Attorney, By E. Catherine Leisch , Deputy County Attorney, Phoenix, Attorneys for the State of Arizona.

Mehrens and Wilemon PA By Craig Mehrens , Amy Wilemon , Phoenix, Attorneys for Kevin Ottar.

Kimerer & Derrick PC By Clark L. Derrick , Michael Alarid, III , Phoenix, Attorneys for Ruan Junior Hamilton.


OPINION

PELANDER, Justice.

¶ 1 In a "reverse-sting" operation, undercover law enforcement officers sell drugs or other contraband to unsuspecting purchasers. The issue here is whether purchasers who handle and pay for drugs in a reverse sting, but do not and would not have been allowed to take them away, can be said to "possess" drugs for sale. Contrary to the purchasers' argument, we conclude that it is possible to commit the offense of possessing...

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