STATE v. BROCKELL

No. 2 CA-CR 94-0437.

187 Ariz. 226 (1996)

928 P.2d 650

The STATE of Arizona, Appellant, v. Kenneth Hayden BROCKELL, Appellee.

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

Review Denied October 21, 1996.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Attorney by Christina M. Cabanillas, Tucson, for Appellant.

Susan A. Kettlewell, Pima County Public Defender by Nancy F. Jones, Tucson, for Appellee.


OPINION

DRUKE, Chief Judge.

The state appeals from the trial court's dismissal of the indictment charging appellee with causing criminal damage in an amount more than $2,000 but less than $10,000, a class five felony, A.R.S. § 13-1602(A) and (B)(2), based on its finding that the statute is unconstitutionally vague. We reverse for the reasons stated below.1

A statute is void for vagueness if it fails to...

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