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STATE v. SHIVELY

No. 1 CA-CR 13-0309.

323 P.3d 1211 (2014)

STATE of Arizona, Appellee, v. James Nicholas SHIVELY, Appellant.

Court of Appeals of Arizona, Division 1.

May 13, 2014.

Attorney(s) appearing for the Case

Arizona Attorney General's Office, by Jana Zinman , Phoenix, for Appellee.

Maricopa County Public Defender's Office, by Tennie B. Martin , Phoenix for Appellant.

OPINION

JOHNSEN, Judge.

¶ 1 James Nicholas Shively enrolled in a residential drug treatment program as a condition of his probation for a drug offense, but was expelled from the program a month later after he was discovered using heroin. Ruling on a petition to revoke his probation, the superior court found that by bringing a drug into the program, Shively "refused" drug treatment, a finding that rendered him ineligible for mandatory probation under...

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