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STATE v. TOCCO

No. 1 CA-CR 7480.

156 Ariz. 110 (1986)

750 P.2d 868

STATE of Arizona, Appellant, v. Joseph Frank TOCCO, Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Granted and Opinion Modified January 15, 1988.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Steven J. Twist, Chief Counsel, Organized Crime and Racketeering Div., Patrick M. Murphy, Chief Counsel, Financial Fraud Div. and Cameron H. Holmes, Jessica Gifford Funkhouser, Asst. Attys. Gen. and Thomas E. Collins, Maricopa Co. Atty., Phoenix, for appellant.

Slaton Law Offices by Sandra Lynn Slaton, Phoenix, for appellee.

Appellant's Motion for Reconsideration Granted and Opinion Modified January 15, 1988.

OPINION

BROOKS, Presiding Judge.

The state has appealed from the dismissal of count one of an amended information that charged defendant with leading organized crime, a class two felony, in violation of A.R.S. § 13-2308.1 After a hearing on defendant's motion to dismiss, the trial court ruled that the statute is unconstitutionally...

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