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FILES v. BERNAL

No. 2 CA-CV 99-0215.

22 P.3d 57 (2001)

200 Ariz. 64

Steven FILES, Petitioner/Appellee, v. The Honorable Margarita BERNAL, a Tucson City Court Magistrate, Respondent, and The State of Arizona, Real Party in Interest/Appellant.

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

Redesignated as Opinion and Publication Ordered April 24, 2001.

Attorney(s) appearing for the Case

D. Jesse Smith, Tucson, Attorney for Petitioner/Appellee.

Thomas J. Berning, Tucson City Attorney, by Laura Brynwood and M.J. Raciti, Tucson, Attorneys for Real Party in Interest/Appellant.

OPINION

DRUKE, Judge.

¶ 1 Appellee Steven Files approached an undercover police officer who was posing as a prostitute and offered her "at least $40.00" if she would have " `straight sex'" with him. Files was charged with violating Tucson City Code § 11-28(1)(c), which criminalizes the conduct of anyone who "[a]ids, offers or agrees to commit or conspires to commit or commits any act of prostitution." After the city court denied his motion...

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