STATE v. WHITAKER

Nos. 1 CA-CR 88-941, 1 CA-CR 88-942.

164 Ariz. 359 (1990)

793 P.2d 116

STATE of Arizona, Appellant, v. Charles Floyd WHITAKER, Appellee.

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

Review Denied July 10, 1990.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by John W. Rood, III, Deputy Public Defender, Phoenix, for appellee.


VOSS, Presiding Judge.

The issue on appeal is whether acts of public sexual indecency can be committed in a home. We conclude they can, and reverse the trial court's dismissal of the charges brought against the defendant.

BACKGROUND

The defendant was charged in two separate indictments with seven counts of public sexual indecency to a minor, class five felonies in violation of A.R.S. § 13-1403(B), and three counts of public sexual indecency, class...

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