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STATE v. SORKHABI

No. 1 CA-CR 01-0605.

46 P.3d 1071 (2002)

202 Ariz. 450

STATE of Arizona, Appellant, v. Samad SORKHABI, Appellee.

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

May 30, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Richard M. Romley, Maricopa County Attorney by Colleen L. French, Deputy County Attorney, Phoenix, Attorneys for Appellant.

James Haas, Maricopa County Public Defender by Charles R. Krull, Deputy Public Defender, Phoenix, Attorneys for Appellee.

OPINION

PATTERSON, Judge.

¶ 1 The state appeals the trial court's dismissal with prejudice of Samad Sorkhabi's ("defendant") conviction. The trial court determined that the state lacked subject matter jurisdiction because defendant committed the offense on an Indian reservation and the victims involved were Indians. We agree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The facts are undisputed. In January 2000, defendant...

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