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STATE v. CONLIN

No. 1 CA-CR 90-1442.

171 Ariz. 572 (1992)

832 P.2d 225

STATE of Arizona, Appellant, v. Patrick Louis CONLIN, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

June 4, 1992.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Jessica Gifford Funkhouser and Arthur Hazelton, Deputy County Attys., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by Lawrence S. Matthew, Deputy Public Defender, Phoenix, for appellee.

OPINION

TOCI, Judge.

The state appealed the trial court's order that Patrick Louis Conlin ("defendant") pay his fine and felony assessment to the state's general fund instead of the drug enforcement account as mandated by Ariz. Rev. Stat. Ann. ("A.R.S.") section 13-811(C) (1989). The trial court based its ruling on Tumey v. Ohio, 273 U.S. 510, 47 S.Ct. 437, 71 L.Ed. 749 (1927), and held that the statutory scheme in...

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