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The case State v. Kelly, 112 P.3d 682, 210 Ariz. 460 (AZ, 2005) is available to members of PLoL.org.
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112 P.3d 682
210 Ariz. 460
The STATE of Arizona, Petitioner,
v.
Hon. Virginia KELLY, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and
Seymour Jameel Abdullah, Real Party in Interest.
No. 2 CA-SA 2005-0018.
Court of Appeals of Arizona, Division 2, Department A.
May 25, 2005. Barbara LaWall, Pima County Attorney, By Taren M. Ellis, Tucson, for Petitioner.
Seymour Jameel Abdullah, Tucson, In Propria Persona.
OPINION
BRAMMER, J.
¶ 1 The State of Arizona seeks special action relief from the respondent judge's order, entered in the underlying criminal prosecution of real party in interest Seymour Abdullah for unlawful possession of a firearm by a prohibited possessor, ascribing to the state the burden of proving Abdullah's right to possess firearms has not been restored. For the following reasons, we accept jurisdiction and grant relief.
¶ 2 Abdullah apparently has been charged with three counts of weapons misconduct for possessing a deadly weapon by a prohibited possessor.1 A person commits misconduct involving weapons by knowingly "[p]ossessing a...