State v. Berryman

OPINION

CONTRERAS, Judge.

In this petition for review under Rule 32, Arizona Rules of Criminal Procedure (“Rule(s)”), we deny relief on petitioner’s claims of ineffective assistance of trial counsel. We hold that the state is not required, as an element of the offense of misconduct with weapons, to disprove the existence of statutory exceptions to the definitions of “firearm” and “prohibited weapon.”

FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted John William Berryman (“defendant”) of one count of misconduct with weapons, a class 4 felony, for possessing a prohibited weapon, a sawed-off…