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   State Courts - Arizona - February 6 - February 8, 2001

  
State v. Decenzo, 2 CA-CR 00-0002-PR, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 6, 2001, Filed
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Overview: A criminal matter was remanded because the trial court erred by using one of petitioner's prior felony convictions as the basis for two sentence enhancements.

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State v. Pereyra, 1 CA-CR 99-0809, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 6, 2001, Filed
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Overview: Because the probation statute's exceptions did not list possession in a drug free school zone among them, defendant was eligible for probation for conviction for possession within a drug free school zone under the statute.

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State v. Wiley, 2 CA-CR 00-0364-PR, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, February 6, 2001, Filed
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Overview: As a released felony-defendant, petitioner was required to appear at his sentencing hearing; his failure to appear constituted an additional felony.

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Circle K Stores, Inc. v. Apache County, 1 CA-TX 00-0002, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, February 8, 2001, Filed
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Overview: Word "taxpayer" in state property tax provision referred to person or entity owning personal property and paying tax on such property, such that appellants were not entitled to exemptions at each of their business locations.

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HCZ Constr., Inc. v. First Franklin Fin. Corp., 1 CA-CV 00-0170, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, February 8, 2001, Filed
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Overview: Plaintiff's failure to file lis pendens within five day time period prescribed by statutes resulted in extinguishment of its lien and right of action to which it was attached.

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Holly v. State, 1 CA-CV 99-0225, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, February 8, 2001, Filed
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Overview: Anti-abrogation clauses in Arizona Constitution were inapplicable to inmates suit against the State. However, inmate's charging lien for reasonable attorneys' fees and costs took priority over the State's 80 percent setoff.

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