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STATE v. STUMMER

Nos. 1 CA-CR 06-0874, 1 CA-CR 06-0877.

171 P.3d 1229 (2007)

STATE of Arizona, Appellant, v. Hubert August STUMMER and Dennis Allen Lumm, Appellees.

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

November 27, 2007.

Attorney(s) appearing for the Case

Copple, Boehm & Murphy PC, By Scott E. Boehm and Andrew P. Thomas, Maricopa County Attorney, By James P. Beene, Deputy County Attorney, Phoenix, Attorneys for Appellant.

Richard J. Hertzberg, Phoenix, Attorney for Appellees.

Peter A. Gentala, Phoenix, Attorney for Amicus Curiae The Center for Arizona Policy.

OPINION

IRVINE, Presiding Judge.

¶ 1 The State appeals the trial court's dismissal of class one misdemeanor charges filed against the operators of two sexually-oriented businesses for selling adult magazines in the early morning hours in violation of Arizona Revised Statutes ("A.R.S.") section 13-1422(A) (2001).1 The State timely appealed the dismissals, and we have jurisdiction...

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