STATE v. SERNA

No. 1 CA-CR 11-0675.

307 P.3d 82 (2013)

STATE of Arizona, Appellee, v. Johnathon Bernard SERNA, Appellant.

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

July 30, 2013.


Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Joseph T. Maziarz , Chief Counsel Criminal Appeals Section and Barbara A. Bailey , Assistant Attorney General, Phoenix, for Appellee.

James J. Haas , Maricopa County Public Defender By Stephen R. Collins , Deputy Public Defender, Phoenix, for Appellant.


OPINION

THOMPSON, Judge.

¶ 1 Appellant Johnathon Serna (Serna) appeals from his conviction for misconduct involving weapons, a class four felony. The dispositive issue on appeal is whether, in what the superior court found was a consensual encounter, the police officers were entitled to retrieve a weapon from Serna's person. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On October 25, 2010, at approximately...

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