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STATE v. SANTILLANES

No. CR-23-0042-PR.

541 P.3d 1150 (2024)

STATE of Arizona, Appellant, v. Daniel Louis SANTILLANES, Appellee.

Supreme Court of Arizona.

Filed January 23, 2024.

Attorney(s) appearing for the Case

Rachel Mitchell , Maricopa County Attorney, Krista Wood (argued), Deputy County Attorney, Maricopa County Attorney's Office, Phoenix, Attorneys for State of Arizona.

Derek Debus (argued), Craig Rosenstein , Kenneth Misajet , Rule 39(c) Certified Law Student, Stone Rose Law PLLC, Scottsdale, Attorneys for Daniel Louis Santillanes.

Sarah L. Mayhew (argued), Tucson City Public Defender's Office, Tucson, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice; and Julie R. Gunnigle, Law Office of Julie Gunnigle, PLLC, Scottsdale, Attorney for Amicus Curiae National Organization for the Reform of Marijuana Laws.

JUSTICE KING authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, BEENE, and PELANDER (Retired) joined.

¶1 In 2011, Daniel Santillanes pleaded guilty to one felony count of facilitation to commit sale or transportation of marijuana. Nine years later, Arizona voters adopted Proposition 207, known as the Smart and Safe Arizona Act (the "Act"). The Act authorizes a trial court to expunge an individual's

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