Evidence Rule 104(B) Preliminary Questions
In State v. Plew, 155 Ariz. 44, 745 P.2d 102 (1987), the Arizona Supreme Court held that in reviewing preliminary questions under Evidence Rule 104, a trial court is "'limited to asking whether evidence in the record . . . would permit a reasonable person to believe' the evidence on the preliminary questions." Id. at 50, 745 P.2d at 108.
Under Evidence Rule 104(b), "when the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist."