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FROHLICH v. CITY COURT OF CITY OF TUSCON

No. 2 CA-CV 98-0068.

995 P.2d 714 (1999)

196 Ariz. 278

Robert FROHLICH, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON, and Eugene H. Hays, a magistrate thereof, Respondents, and The State of Arizona, Real Party in Interest/Appellee.

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

Review Denied February 8, 2000.

Attorney(s) appearing for the Case

T.S. Hartzell, Tucson, Attorney for Petitioner/Appellant.

Thomas J. Berning, Tucson City Attorney By R. William Call and George W. Bromley, Tucson, Attorneys for Real Party in Interest/Appellee.

OPINION

DRUKE, Chief Judge.

¶ 1 A police officer arrested appellant Robert Frohlich for soliciting an act of prostitution, a misdemeanor,1 in violation of Tucson City Code § 11-28(1)(c). The officer prepared a written notice to appear and complaint in accordance with A.R.S. § 13-3903 and released appellant on his promise to appear in court. After he appeared, appellant moved to dismiss the complaint, arguing...

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