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STATE EX REL. HAMILTON v. SUPERIOR COURT

No. 15206.

128 Ariz. 184 (1981)

624 P.2d 862

STATE of Arizona, ex rel. Lowell D. HAMILTON, Mesa City Prosecutor, Petitioner, v. The SUPERIOR COURT OF MARICOPA COUNTY; and the Honorable Gerald J. Strick, Judge of the Superior Court of Maricopa County; and Michael C. Boyle, Defendant and Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

February 17, 1981.

Attorney(s) appearing for the Case

Lowell D. Hamilton, Mesa City Pros., Mesa, for petitioner.

Alston, Edwards & Novak by Margaret R. Tinsley, Phoenix, for real party in interest.

CAMERON, Justice.

We accepted this petition for special action pursuant to Article 6, § 5 of the Arizona Constitution and Rule 1, Rules of Procedure for Special Actions, 17A A.R.S., because this is a matter of state-wide importance and there is no equal, plain, speedy and adequate remedy by appeal.

We must answer only one question: Is the public sexual indecency act, A.R.S. § 13-1403(A), void for vagueness and therefore unconstitutional?

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