State v. Johnson

OPINION

TOCI, Judge.

A jury convicted appellant Floyd Lee Johnson (defendant) of misconduct involving weapons for possessing a deadly weapon as a prohibited possessor. Ariz.Rev. Stat. Ann. (“A.R.S.”) § 13-3102 (1989). Defendant asserts that because he was on parole and living in his aunt’s house at the time of possession, he was not “[s]erving a term of imprisonment in a correctional or detention facility” and, therefore, was not a prohibited possessor as defined in then A.R.S. section 13-3101(5) 1 for purposes of A.R.S. section 13-3102. We agree and reverse. Because we reverse, it is…