OPINION
VOSS, Presiding Judge.
The sole issue on appeal is whether defendant, Victor Martin Beltran, was properly ordered to pay a 40% penalty assessment (surcharge) pursuant to Ariz. Rev. Stat. Ann. (A.R.S.) § 41-2403 as amended, or whether the trial court should have ordered him to pay a 37% surcharge as required by section 41-2403 when he committed the offense. We find that the trial court improperly required defendant to pay the surcharge required...
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