Leon v. Marner

ESPINOSA, Judge:

*666¶ 1 In this special action, Petitioner Jorge Leon challenges the respondent judge's ruling affirming his conviction, following a jury trial in Pima County Justice Court, for driving or being in actual physical control of a vehicle with an illegal drug or "its metabolite" in his body, in violation of A.R.S. § 28-1381(A)(3). Leon's appeal to the Pima County Superior Court argued the justice court "err[ed] as a matter of law in finding that benzoylecgonine [ (BE) ], an inactive metabolite of cocaine, satisfied the requirement of a metabolite of a drug as used in [ § 28-1381(A)(3)…