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STATE v. FURLONG

No. 1 CA-CR 18-0809.

473 P.3d 707 (2020)

STATE of Arizona, Appellee, v. David FURLONG, Appellant.

Court of Appeals of Arizona, Division 1.

FILED August 20, 2020.

Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix, By Robert E. Prather , Counsel for Appellee.

David Furlong, El Mirage, Appellant.

Maricopa County Public Defender's Office, Phoenix, By Rena P. Glitsos , Advisory Counsel for Appellant.

Arizona Attorney General's Office, Phoenix, By Linley Wilson , Joshua C. Smith , Counsel for Amicus Curiae Arizona Attorney General.

The Nava Law Firm, PLLC, Phoenix, By Armando Nava , Co-Counsel for Amicus Curiae Arizona Attorneys for Criminal Justice.

LisaLaw, LLC, Mesa, By Lise R. Witt , Co-Counsel for Amicus Curiae Arizona Attorneys for Criminal Justice.

Judge Maria Elena Cruz delivered the opinion of the Court, in which Judge David B. Gass joined. Presiding Judge Lawrence F. Winthrop dissented.

OPINION

¶1 David Furlong appeals the superior court's order denying his motion to set aside or expunge his convictions pursuant to Arizona Revised Statutes ("A.R.S.") section 13-921(B)(1). The superior court ruled that former A.R.S. § 13-907(E) (2018) (current A.R.S. § 13-905(K) (2019))1

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