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STATE v. McDERMOTT

No. 1 CA-CR 03-0683.

93 P.3d 532 (2004)

208 Ariz. 332

STATE of Arizona, Appellee, v. Timothy P. McDERMOTT, Appellant.

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

July 8, 2004.

Attorney(s) appearing for the Case

Peter Van Haren, City of Phoenix Attorney By Gary L. Shupe, Assistant City Prosecutor, Phoenix, Attorneys for Appellee.

Victor & Hall, P.L.C. By Marc J. Victor, Mesa, Attorneys for Appellant.

OPINION

EHRLICH, Judge.

¶ 1 Timothy McDermott challenges the superior court's determination that Arizona Revised Statutes ("A.R.S.") § 13-3102(F) (2001)1 is not unconstitutionally vague as applied to A.R.S. § 13-3102(A)(1).2 Specifically, he presents the questions whether the word "luggage" in § 13-3102(F) includes a "fanny pack" and, alternatively, whether the word "luggage" in...

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