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STATE EX REL. BAUMERT v. MUNICIPAL COURT, ETC.

No. 1 CA-CIV 4917.

124 Ariz. 159 (1979)

602 P.2d 827

The STATE of Arizona ex rel. Andy BAUMERT, Phoenix City Attorney, Petitioner, v. The MUNICIPAL COURT OF THE CITY OF PHOENIX, Arizona, and The Honorable Donald Holroyd, Judge thereof; The Superior Court of the State of Arizona for Maricopa County and The Honorable Stephen H. Scott, Judge thereof; and Deborah A. Davis, and Ray Brice, Defendants and Real Parties in Interest, Respondents.

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

Rehearing Denied November 2, 1979.

Attorney(s) appearing for the Case

Andrew Baumert III, Phoenix City Atty. by Michael R. Arkfeld, Asst. City Pros., Phoenix, for petitioner.

Donald E. Birchett, Tempe, for respondents Davis and Brice.

OPINION

FROEB, Judge.

Respondents and real parties in interest Ray Charles Brice and Deborah Anne Davis were arrested in the City of Phoenix on January 23, 1979, and February 13, 1979, respectively, for solicitation of indecent exposure, a violation of Phoenix City Code § 23-66(b). In Phoenix Municipal Court the real parties in interest successfully moved for dismissal of the charges on grounds that the city ordinance was preempted by state statutes dealing...

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