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STATE v. ESTRADA

Nos. CR-00-0140-PR, CR-00-0306-PR.

34 P.3d 356 (2001)

201 Ariz. 247

STATE of Arizona, Appellee, v. Angelita ESTRADA, Appellant. State of Arizona, Appellee, v. Terry Lee Hatton, Appellant.

Supreme Court of Arizona, En Banc.

November 15, 2001.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General, by Diane M. Ramsey, Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for Appellee.

Dean M. Trebesch, Public Defender, by Lawrence S. Matthew, Deputy Public Defender, Phoenix, Attorneys for Appellant.

Janet Napolitano, Attorney General, by Consuelo M. Ohanesian, Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for Appellee.

Dean M. Trebesch, Public Defender, by Spencer D. Heffel, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

JONES, Vice Chief Justice.

¶ 1 We granted review and consolidated these cases in order to resolve a conflict between Divisions One and Two of the court of appeals concerning the sentencing provisions of Proposition 200, an initiative measure adopted by the voters of Arizona in 1996. The question is whether the probation eligibility provisions of the statute should be applied not only to convictions for possession or use of drugs, but also to...

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