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STATE v. LONEY

No. 1 CA-CR 11-0860.

287 P.3d 836 (2012)

STATE of Arizona, Appellee, v. Ben Wesley LONEY, Appellant.

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

November 6, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General by Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, and Joseph T. Maziarz , Assistant Attorney General, Phoenix, Attorneys for Appellee.

David Goldberg , Attorney at Law by David Goldberg , Fort Collins, CO, Attorney for Appellant.

OPINION

BROWN, Judge.

¶ 1 Ben Wesley Loney appeals from his convictions and resulting sentences on two counts of sexual conduct with a minor. For the following reasons, we affirm both convictions and his sentence on Count Three but we vacate and remand for resentencing as to Count Two.

BACKGROUND1

¶ 2 In May 2011, Loney was indicted on one count of aggravated luring of a minor (Count One), a...

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