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STATE v. GONSALVES

No. 1 CA-CR 11-0645.

297 P.3d 927 (2013)

STATE of Arizona, Appellee, v. Derek Paul GONSALVES, Appellant.

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

February 28, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Division and Jeffrey L. Sparks, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Thomas K. Baird, Deputy Public Defender, Phoenix, Attorneys for Appellant.

GOULD, Judge.

¶ 1 In this opinion, we address whether a defendant may be found in constructive possession of a firearm, and therefore guilty of misconduct involving weapons pursuant to Arizona Revised Statutes ("A.R.S.") Section 13-3102(A)(4),1 when an accomplice maintains exclusive possession of the firearm during the commission of an offense. We conclude a defendant may be found in constructive possession of a firearm under such...

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