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STATE v. BAYARDI

No. 1 CA-CV 11-0615.

281 P.3d 1063 (2012)

STATE of Arizona, Plaintiff/Appellee, v. The Honorable Marianne T. BAYARDI, Judge of the Phoenix Municipal Court, Respondent Judge, Joseph W. Fannin, Real Party in Interest/Appellant.

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

August 9, 2012.

Attorney(s) appearing for the Case

Aaron J. Carreon-Ainsa , Phoenix City Prosecutor by Samuel K. Lesley , Assistant City Prosecutor, Phoenix, Attorneys for Plaintiff/Appellee.

Gallagher & Kennedy PA by Barry D. Mitchell , Flynn Patrick Carey , Phoenix, Attorneys for Real Party in Interest/Appellant.

City of Phoenix Public Defender's Office by Laurie A. Herman , Phoenix, Attorney for Amicus Curiae.

OPINION

THUMMA, Judge.

¶ 1 Defendant Joseph W. Fannin is charged in municipal court with driving with an impermissible drug in his body in violation of Arizona Revised Statutes ("A.R.S.") section 28-1381(A)(3) (West 2012).1 Fannin challenges the superior court's holding that A.R.S. § 28-1381(D) creates an affirmative defense requiring him to prove by a preponderance of the evidence that he was using the drug as prescribed...

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