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STATE v. SMYERS

No. 1 CA-CR 02-0422.

73 P.3d 610 (2003)

205 Ariz. 479

STATE of Arizona, Appellee, v. Daniel John SMYERS, Appellant.

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

July 29, 2003.

Attorney(s) appearing for the Case

Janet Napolitano, Former Attorney General, Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Ginger Jarvis, Assistant Attorney General, Phoenix, for Appellee.

James J. Haas, Maricopa County Public Defender By Stephen R. Collins, Deputy Public Defender, Phoenix, for Appellant.

OPINION

EHRLICH, Judge.

¶ 1 Daniel John Smyers appeals his convictions for two counts of furnishing harmful items to a minor. ARIZ.REV.STAT. ("A.R.S.") § 13-3506 (2001). For reasons discussed below, we reverse his convictions and remand the case for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Eleven-year-old Desia1 knew Smyers as a friend of her...

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