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STATE v. TAGGE

No. 1 CA-CR 16-0759 1 CA-CR 16-0785.

442 P.3d 71 (2019)

STATE of Arizona, Appellee, v. Elena Christina TAGGE, Appellant. State of Arizona, Appellee, v. Matthew Carl Tagge, Appellant.

Court of Appeals of Arizona, Division 1.

Filed May 9, 2019.

Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix, By Terry M. Crist, III , Counsel for Appellee.

Bain & Lauritano, PLC, Glendale, By Sheri M. Lauritano , Counsel for Appellant Elena Tagge.

Maricopa County Public Defender's Office, Phoenix, By Nicholaus Podsiadlik , Counsel for Appellant Matthew Tagge.

Judge Kent E. Cattani delivered the opinion of the Court, in which Presiding Judge Diane M. Johnsen joined. Judge Peter B. Swann specially concurred.

OPINION

¶1 Matthew and Elena Tagge appeal their convictions for illegal possession or use of marijuana and drug paraphernalia. The Tagges maintain that, because they held cards entitling them to possess and use marijuana under the Arizona Medical Marijuana Act ("AMMA"), they were immune from prosecution. We hold to...

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