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CALIK v. KONGABLE

No. CV-98-0389-PR.

990 P.2d 1055 (1999)

195 Ariz. 496

David Peter CALIK, Petitioner, v. Hon. Kirby KONGABLE, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

December 20, 1999.

Attorney(s) appearing for the Case

Ronald F. Jones, Yuma County Public Defender By: Victoria L. Thompson, Michael J. Perry, William A. Albright, Yuma, and Snell Wilmer, L.L.P. By: Patricia Lee Refo, Phoenix Attorneys for David Peter Calik, Petitioner.

Janet A. Napolitano, Arizona Attorney General By: Paul J. McMurdie, Phoenix, Attorneys for Hon. Kirby Kongable, Respondent Judge.

Patricia A. Orozco, Yuma County Attorney By: Mark Edward Hessinger, Thomas W. Jones, Yuma, Attorneys for State of Arizona, Real Party in Interest.

Brown & Bain, P.A. By: Paul F. Eckstein, John J. Tuchi, Phoenix, Attorneys for Arizonans for Drug Policy Reform and The People Have Spoken, Amici Curiae.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether the initiative proposal adopted as Proposition 200 prohibits a trial court from imposing jail time as a condition of probation for a person convicted of first-offense personal possession or use of a controlled substance. We hold that incarceration may not be imposed under such circumstances.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 1996, voters approved an initiative...

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