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STATE v. BERNINI

No. 2 CA-SA 2013-0057.

310 P.3d 46 (2013)

The STATE of Arizona, Petitioner, v. Hon. Deborah BERNINI, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Debbie Lynn Copeland, Real Party in Interest.

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

September 30, 2013.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Petitioner.

Lori J. Lefferts, Pima County Public Defender By Lisa M. Hise and David J. Euchner, Tucson, Attorneys for Real Party in Interest.

OPINION

KELLY, Presiding Judge.

¶ 1 In this special action proceeding, the state has asked us to consider the relationship between a trial court's designation of an offense as "non-dangerous" for the purpose of conviction and sentencing, see A.R.S. §§ 13-702, 13-704, and another judge's later consideration of whether that same conviction had been for "a dangerous offense," which would render the defendant ineligible to have the...

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