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STATE v. BOYD

No. 1 CA-CR 00-0761.

31 P.3d 140 (2001)

201 Ariz. 27

STATE of Arizona, Appellee, v. Steven David BOYD, Appellant.

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

September 25, 2001.

Attorney(s) appearing for the Case

Janet A. Napolitano, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Diane M. Ramsey, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Christopher V. Johns, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

EHRLICH, Judge

¶ 1 Steven David Boyd appeals his conviction for driving with a suspended license while having a dangerous drug or its metabolite in his body. He claims that he was not afforded his right to due process because he lacked notice that the substance he ingested is a dangerous drug. We agree, finding the statute unconstitutional as applied to Boyd, and we therefore reverse his conviction.

FACTS1<...

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