State v. Fullem

OPINION

TOCI, Judge.

James Edward Fullem (“defendant”) appeals his convictions for unlawful use of food stamps. Arizona Revised Statutes Annotated (“A.R.S.”) section 13-3701 provides that the crime of unlawful use of food stamps occurs when a person “transfers, acquires, or possesses food stamps ... in any manner not authorized by law or by the state department of economic security.” We hold that (1) it was not fundamental error for the state to prove by hearsay evidence the existence of the Department of Economic Security (“DES”) regulation prohibiting the sale or transfer of food stamps, and…