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STATE v. ALVARADO

No. 1 CA-CR 07-0738.

200 P.3d 1037 (2008)

STATE of Arizona, Appellant, v. Ivan ALVARADO, Appellee.

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

December 26, 2008.

Attorney(s) appearing for the Case

Sheila Sullivan Polk, Yavapai County Attorney By Dennis M. McGrane, Chief Deputy County Attorney, Prescott, Attorneys for Appellant.

Abigail Jensen, PC, Prescott, Attorney for Appellee.

OPINION

HALL, Judge.

¶ 1 The offense of promoting prison contraband occurs when a person "knowingly takes contraband into a correctional facility or the grounds of such facility." Ariz.Rev. Stat. (A.R.S.) § 13-2505 (2001). The trial court granted defendant's post-verdict motion for a judgment of acquittal on the charge of promoting prison contraband, reasoning that defendant did not "voluntarily" take marijuana into the jail following his arrest...

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