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State V. Verdugo

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eBook details

  • Title: State V. Verdugo
  • Author : Arizona Court of Appeals
  • Release Date : January 17, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Petitioner Jason Alexander Verdugo (defendant) petitions for review of the trial court's summary dismissal of his petition for post-conviction relief. The only issue preserved for our review*fn1 is whether defendant has presented a colorable claim that the trial court lacked subject matter jurisdiction, in the absence of the state's production of evidence that both defendant and the victim were non-Indians. The underlying conviction arose from the acceptance of defendant's guilty plea and the entry of a conviction for second degree murder that occurred on the Salt River Indian Reservation. Because we conclude that the state did not have the burden to prove that defendant and his victim were non-Indians in order to establish subject matter jurisdiction, we hold that defendant has failed to state a colorable claim, and we deny relief.


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