State of Arizona v. Joel Agustin Lopez

OPINION

HOWARD, Chief Judge.

¶ 1 The State of Arizona petitions this court for special action review of the respondent judge’s order dismissing its allegation that real-party-in-interest Joel Lopez is not eligible for probation pursuant to A.R.S. § 13-901.01, commonly known as Proposition 200. See State v. Estrada, 201 Ariz. 247, ¶ 2, 34 P.3d 356, 358 (2001). For the reasons that follow, we accept jurisdiction and grant relief.

Procedural Background

¶ 2 Lopez was indicted for possession of a narcotic drug and possession of drug paraphernalia. The state filed an allegation that he was ineligible…