pack also included a photograph of
the defendant, a fingerprint card,
and an in-state exemplification, or
“jurat” that exceeds the requirement
of the rule because the signer “must
be placed under oath swearing or
affirming that the contents of the
document(s) are true and correct”
rather than merely acknowledging by
notarization the authenticity of the
signature. State v. Solis, 2 CA-CR
2014-0084, 11/26/14.
The Arizona Court of Appeals
amended its earlier decision in State v.
Ruiz after the defendant requested
reconsideration as to the portion of
the decision addressing the trial
court’s restitution order. The order
was entered after a restitution hearing
was scheduled and held two months
after the defendant was sentenced to
prison, yet neither he nor counsel
were present. The appellate court
found that where nothing in the
record supports that a defendant
knowingly, voluntarily and intelligently waived his right to personally appear at a restitution hearing
such as in the case at bar in which
trial counsel was advised to writ
defendant down from prison for the
restitution hearing yet did not do
so, and was subsequently out of
state for some unexplained reason
at the time of his client’s hearing,
a trial court errs by proceeding
with the restitution hearing in
the absence of the defendant and
counsel because not only is a
defendant deprived of his constitutional right to counsel in such
a case as required by State v.
Guadagni, yet under the Arizona
Supreme Court’s decision in State
v. Fettis a defendant must be
present at the time of sentencing
except in extraordinary circumstances.
State v. Ruiz, 2 CA-CR 2013-0116,
11/25/14.
In a case in which a restaurant
chain owner was charged with
multiple felonies related to know-
ingly hiring and employing illegal
aliens with false identification in
which the defense moved to
suppress the evidence obtained from
the execution of five warrants,
arguing there was insufficient prob-
able cause to support their issuance
because the underlying affidavits
contained numerous false statements
and omitted known, relevant infor-
mation, a trial court errs when it
denies a defendant’s request for
an evidentiary hearing pursuant
to Franks v. Delaware and State
of Arizona v. Buccini for the
purpose of confronting and
cross-examining law enforcement
affiants to determine the validity
of the search warrants after a
substantial showing is made by
the defendant that the warrants
were issued based on supporting
affidavits containing false/omitted
information undermining the
credibility of the law enforcement
officers making them who either
knew or should have known the
affidavits contained recklessly false
statements or omissions of relevant
and known facts. Frimmel v. Hon.
Sanders/State (RPI), 1 CA-SA 14-
0166, 11/25/14.
A trial court does not err by
dismissing both forgery and
fraudulent schemes and artifices
charges against a medical doctor
for falsely stating that he had
reviewed a confidential informant’s medical records in certifying the informant for access
to medical marijuana because the
Arizona Medical Marijuana Act
(“AMMA”) specifically bars the
State from prosecuting a physician for allegedly misrepresenting
(negligently or otherwise) that
he properly reviewed a patient’s
medical records from other treating
physicians when certifying that in
his professional opinion the patient
was likely to receive therapeutic or
palliative benefit from the medical
use of marijuana. In order to facilitate the medical use of marijuana,
the AMMA also immunizes physicians from prosecution for certifying
patients for access to medical marijuana pursuant to A.R.S. § 36-
2811(C). State v. Gear, 2 CA-CR
2014-0015, 11/19/14.
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