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STATE v. VAUGHN

Nos. 1 CA-CR 06-0878, 1 CA-CR 06-0881.

176 P.3d 716 (2008)

STATE of Arizona, Appellee, v. Tilfert Darrell VAUGHN, Appellant.

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

February 14, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section, Craig W. Soland, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Bruce Peterson, Office of the Legal Advocate By Kerri L. Chamberlin, Deputy Legal Advocate, Phoenix, Attorneys for Appellant.

OPINION

JOHNSEN, Judge.

¶ 1 We vacate the superior court's revocation of probation in this case pursuant to Arizona Revised Statutes ("A.R.S.") section 13-901.01 (Supp.2007)1 because the State failed to allege and the court failed to find at the probation violation hearing that the probationer refused to participate in drug treatment.

¶ 2 Tilfert Darrell Vaughn was on mandatory probation in CR2005-125518-001...

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