State v. Sorkhabi

OPINION

PATTERSON, Judge.

¶ 1 The state appeals the trial court’s dismissal with prejudice of Samad Sorkhabi’s (“defendant”) conviction. The trial court determined that the state lacked subject matter jurisdiction because defendant committed the offense on an Indian reservation and the victims involved were Indians. We agree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The facts are undisputed. In January 2000, defendant became disruptive at Casino Arizona, located on the Salt-River Pima Indian Reservation. He struggled with tribal police when they attempted to arrest him for his disruptive…