State v. Smith

OPINION

ECKERSTROM, J.

¶ 1 After a bench trial, the trial court found appellant Tony Dewayne Smith guilty of possessmg a deadly weapon as a proMbited possessor in violation of A.R.S. § 13-3102 and sentenced him to a presumptive term of 4.5 years m prison. On appeal, Smith contends the trial court erred in denying his motion to suppress the handgun, assertmg that law enforcement officers unlawfully entered his home and conducted a search. We conclude the trial court failed to apply the correct standard in determinmg whether the officers had lawfully entered Smith’s residence, and we remand the…