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STATE v. PENNINGTON

No. 2 CA-CR 4121.

149 Ariz. 167 (1985)

717 P.2d 471

The STATE of Arizona, Appellant, v. Elbert Leroy PENNINGTON, Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied April 8, 1986.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by John W. Dickinson, Tucson, for appellant.

Law Office of Michael J. Bloom by Michael J. Bloom and Law Office of Natman Schaye by Natman Schaye, Tucson, for appellee.

LACAGNINA, Judge.

Albert Leroy Pennington, accused in 1985 of molesting his six-year-old great-granddaughter in 1984 by rubbing her genitalia through her clothing, successfully argued to the trial court that his conduct was not a violation of A.R.S. § 13-1410.

Appealing from the order of dismissal, the state argues Pennington's acts, touching a child's genitalia through her clothing, constitutes child molestation within the meaning of A.R.S. § 13...

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