¶1Dissenting.
¶2¶ 20-1 join Justice Martone’s dissent, except I find no waiver.
¶3 Justice Ruth V. McGregor did not participate in the determination of this matter; pursuant to Ariz. Const. art. VI, § 3, the Honorable E.G. Noyes, Jr., Chief Judge of the Arizona Court of Appeals, Division One, was designated to sit in her stead.