State v. Jones

OPINION

JOHNSEN, Judge.

¶ 1 Russell L. Jones was indicted on nine counts of violating Arizona Revised Statutes (“A.R.S.”) section 39-161 (2001) in connection with nomination petitions filed in support of his campaign for re-election to the state Senate in 2006. The theory underlying the indictment was that Jones falsely verified that signatures on the petitions were made in his presence. The superior court granted his motion to dismiss the charges, and the State appeals. We conclude an instrument that contains an untrue statement falls within A.R.S. § 39-161 only if the instrument is…