STATE v. KENDRICK

Nos. 1 CA-CR 11-0849, 1 CA-CR 11-0850.

306 P.3d 85 (2013)

STATE of Arizona, Appellee, v. Justin Scott KENDRICK, Appellant.

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

July 16, 2013.


Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Joseph T. Maziarz , Chief Counsel Criminal Appeals and Liza-Jane Capatos , Assistant Attorney General, Phoenix, for Appellee.

James J. Haas , Maricopa County Public Defender By Charles R. Krull , Deputy Public Defender, Phoenix, for Appellant.


OPINION

NORRIS, Judge.

¶ 1 The issue in this appeal is whether a probationer's unauthorized removal of an electronic monitoring device, required as a condition of probation, constitutes escape in violation of Arizona Revised Statute ("A.R.S.") section 13-2503(A)(2) (Supp.2012).1 We hold it does not. Accordingly, we reverse Justin Scott Kendrick's conviction for escape, vacate the superior court's finding that he violated...

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