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STATE v. PAYNE

Nos. 2 CA-CR 2008-0166, 2 CA-CR 2008-0171, 2 CA-CR 2008-0309.

225 P.3d 1131 (2009)

The STATE of Arizona, Appellee, v. Stetson Austin PAYNE, Appellant. The State of Arizona, Appellee, v. Channtell Nelson, Appellant. The State of Arizona, Appellee, v. Susan Jane Daniels, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

July 24, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Kathryn A. Damstra, Joseph L. Parkhurst, and Diane Leigh Hunt, Tucson, Attorneys for Appellee.

Harriette P. Levitt, Tucson, Attorney for Appellants.

OPINION

PELANDER, Judge.

¶ 1 These three consolidated appeals present a common issue of first impression and statewide importance: may a superior court impose on a convicted felon at sentencing a "prosecution fee" pursuant to a county ordinance? In each of the three cases, pursuant to Pinal County Ordinance 91097-PS, the trial court assessed against the defendant a discretionary $1,000 prosecution fee that is payable to the county and deposited...

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