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STATE v. MUSSER

No. 1 CA-CR 95-0849.

954 P.2d 1053 (1997)

191 Ariz. 228

STATE of Arizona, Appellee, v. Geoffrey G. MUSSER, Appellant.

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

Review Granted April 21, 1998.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Linda L. Knowles, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Brian C. Bond, Deputy Public Defender, Phoenix, for Appellant.

OPINION

FIDEL, Judge.

Defendant Geoffrey G. Musser, convicted under a statute that prohibits use of a telephone to threaten or intimidate, challenges the constitutionality of the statute on appeal. Musser acknowledges that the statute encompasses some conduct that the State may constitutionally proscribe. He claims, however, that the statute also sweeps in constitutionally protected speech and is therefore unconstitutionally overbroad.

BACKGROUND...

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