Latest Case: State v. Green (Criminal Law)

Another Attempt to Find Optimism in American Politics

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

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State v. Green

Docket: CR-18-0537-PR

Opinion Date: March 4, 2020

Judge: Montgomery

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's convictions but vacated his sentences and remanded for resentencing, holding that convictions for possession of drugs for sale, whether completed or inchoate, are not disqualifying convictions for purposes of determining eligibility for mandatory probation and drug treatment under Ariz. Rev. Stat. 13-901.01 and that the statute applies equally to qualifying inchoate and completed drug offenses. In 2017, Defendant was convicted of two counts of possession of a narcotic drug and one count of possession of drug paraphernalia. Defendant argued that he should be sentenced to probation under section 13.901.01 because his 2006 conviction for solicitation to sell a narcotic drug did not qualify as a personal possession or use offense under section 13.901.01. Therefore, Defendant argued, his 2017 drug convictions did not count as a third personal possession or use conviction. The trial court ruled that Defendant's 2006 conviction was a strike, and therefore, Defendant was not eligible for mandatory probation. The court of appeals reversed. The Supreme Court vacated Defendant's sentences, holding that Defendant's conviction for solicitation to sell a narcotics drug was not a strike.