GARCIA v. BUTLER IN AND FOR COUNTY OF PIMA

No. CR-19-0298-PR.

487 P.3d 256 (2021)

Anthony GARCIA, Petitioner, v. Hon. Michael J. BUTLER, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent Judge, State of Arizona, by and through the Pima County Attorney, Real Party in Interest.

Supreme Court of Arizona.

Filed May 26, 2021.


Attorney(s) appearing for the Case

Joel Feinman , Pima County Public Defender, Lisa M. Surhio (argued), Deputy Public Defender, Tucson, Attorneys for Anthony Garcia.

Laura Conover , Pima County Attorney, Jacob R. Lines (argued), Deputy County Attorney, Tucson, Attorneys for Real Party in Interest State of Arizona.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, and MONTGOMERY joined.


¶1 Arizona statutes set forth the procedure for determining whether an individual is a sexually violent person ("SVP"). See A.R.S. §§ 36-3701, -3707. In this Opinion, we address whether a trial court has discretion to deny an SVP screening when the state requests one under A.R.S. §...

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