State v. Petrak

OPINION

GERBER, Judge.

¶ 1 David Edward Petrak appeals his conviction for misconduct involving weapons pursuant to Arizona Revised Statutes Annotated (“A.R.S.”) section 13-3102(A)(8) (Supp. 1999). He contends the trial court erred in admitting certain evidence and in failing to instruct the jury that, to convict, it had to find more than a mere temporal nexus between the guns and the drugs that formed the factual basis for the charge. We agree and reverse Petrak’s conviction for weapons misconduct.

FACTS

¶ 2 Petrak was charged by indictment with possession of marijuana for sale, possession of…