State v. Garcia

1 Citing case

  1. Baseline Liquors v. Circle K Corp.

    129 Ariz. 215 (Ariz. Ct. App. 1981)   Cited 14 times
    In Baseline, a challenge was made to the Arizona Unfair Sales Act, which has a 12 percent markup provision and an accompanying right to demonstrate a lesser cost of doing business.

    Such burden of proof remains, as it must, on the state. State v. Garcia, 116 Ariz. 546, 570 P.2d 488 (1977). What the statute does permit, however, is the use by the state of an evidentiary presumption of a violation upon proof that a retailer has advertised, offered to sell or sold in contravention of the policy of the article.