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STATE v. FRANCIS

No. 1 CA-CR 16-0051.

388 P.3d 843 (2017)

STATE of Arizona, Appellee, v. Darrel Scott FRANCIS, Appellant.

Court of Appeals of Arizona, Division 1.

FILED January 3, 2017.

Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix, By Michael F. Valenzuela , Counsel for Appellee

Criss Candelaria Law Office, PC, Concho, By Criss E. Candelaria , Counsel for Appellant

Presiding Judge Diane M. Johnsen delivered the opinion of the Court, in which Judge Thomas C. Kleinschmidt joined. Judge Jon W. Thompson dissented.

OPINION

¶ 1 Darrel Scott Francis was convicted of two counts of promoting prison contraband by possessing a cell phone. On appeal, he argues the superior court erred by failing to instruct the jury that the State was required to prove he knew the cell phone was contraband. Because the crime requires proof a defendant...

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