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STATE v. PEEK

No. CR-07-0412-PR.

195 P.3d 641 (2008)

STATE of Arizona, Respondent, v. Gary Douglas PEEK, Petitioner.

Supreme Court of Arizona, En Banc.

November 3, 2008.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney By Diane Gunnels Rowley, Deputy County Attorney James P. Beene, Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Cheifetz, Iannitelli, Marcolini, P.C. By James J. Belanger and Lewis and Roca, L.L.P. By Scott M. Bennett, Phoenix, Attorneys for Gary Douglas Peek.

OPINION

BERCH, Vice Chief Justice.

¶ 1 Gary Douglas Peek seeks review of a term of lifetime probation imposed upon his conviction for an act of attempted child molestation that occurred between 1994 and 1996. We conclude that lifetime probation was not available when Peek committed the crime and therefore vacate the trial court's order placing him on lifetime probation.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In 2003, pursuant...

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