State v. FrancisAnnotate this Case
When a defendant possesses an item that is statutorily defined contraband, the State need prove only that the defendant knowingly possessed the item, not that the defendant knew it was contraband, to convict the defendant under Ariz. Rev. Stat. 13-2505(A) of knowingly possessing contraband while being confined in a correctional facility or transported to it.
Defendant was convicted of promoting prison contraband for possessing a cellphone at the relevant times. The court of appeals ruled that it was necessary for the State, in addition to proving that Defendant knew he had a cellphone, to also prove he knew it was contraband. The Supreme Court vacated the court of appeals’ opinion and held that the trial court correctly ruled that the State did not have to prove that Defendant knew the cellphone was contraband.