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STATE v. LEEMAN

No. 2 CA-CR 1137.

119 Ariz. 348 (1977)

580 P.2d 1202

The STATE of Arizona, Appellant, v. Rudolph Edward LEEMAN, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 1, 1978.

Review Granted February 28, 1978.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Zada Edgar, Deputy County Atty., Tucson, for appellant.

John M. Neis, Pima County Public Defender by David C. Anson, Asst. Public Defender, Tucson, for appellee.

OPINION

HATHAWAY, Judge.

Appellee was charged with one count of theft by embezzlement in violation of A.R.S. § 13-682, as amended, and his subsequent motion to dismiss, attacking the statute as violative of the equal protection clause of the United States and Arizona Constitutions, was granted. The state appeals.

A.R.S. § 13-682, as amended, provides in pertinent part:

"A. A person is guilty...

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