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STATE v. GASBARRI

No. 2 CA-CR 2019-0068.

463 P.3d 243 (2020)

The STATE of Arizona, Appellant, v. Paul Larry GASBARRI, Appellee.

Court of Appeals of Arizona, Division 2.

Filed April 1, 2020.

Attorney(s) appearing for the Case

Barbara LaWall , Pima County Attorney By Jacob R. Lines , Deputy County Attorney, Tucson Counsel for Appellant.

James Fullin , Pima County Legal Defender By Jeffrey Kautenburger , Assistant Legal Defender, Tucson Counsel for Appellee.

Presiding Judge Staring authored the opinion of the Court, in which Chief Judge Vásquez and Judge Brearcliffe concurred.

OPINION

¶1 Despite acts and omissions by the state that, at the very least, evince incomprehensible inattention to a very significant case, we are constrained to conclude the trial court erred as a matter of law by granting Paul Gasbarri's motion to suppress evidence seized from a cell phone found in his...

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