STATE v. GIORGIANI

No. 2 CA-CR 90-0694.

167 Ariz. 434 (1990)

808 P.2d 319

The STATE of Arizona, Appellant/Cross-Appellee, v. Antonio GIORGIANI, Appellee/Cross-Appellant.

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

Review Denied April 23, 1991.


Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by R. William Call and William F. Mills, Tucson, for appellant/cross-appellee.

Clinton L. Liechty, P.C. by Clinton L. Liechty, Tucson, for appellee/cross-appellant.


OPINION

LACAGNINA, Judge.

The State of Arizona appeals from a judgment declaring Sections 11-17 and 11-18 of the Tucson City Ordinance unconstitutionally vague and discriminatory. The state argues that persons of average intelligence can understand the ordinance and that it was applied equally to those within the same classification. We agree and reverse the judgment of the trial court. We have jurisdiction pursuant to A.R.S. § 12-120.21(A)(4).

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