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STATE v. MANN

No. 2 CA-CR 2176.

129 Ariz. 24 (1981)

628 P.2d 61

The STATE of Arizona, Appellee, v. Eric Owen MANN and Mary Lou Mann, Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 22, 1981.

Review Denied May 12, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by Barry J. Baker Sipe, Asst. County Public Defender, Tucson, for appellants.

OPINION

HOWARD, Judge.

Is the Salvation Army collection box a "structure" within the meaning of A.R.S. Sec. 13-1506(A) and Sec. 13-1501(8)? We hold that it is and affirm appellants' conviction of burglary, third-degree.

Appellants were caught by the police while they were removing used clothing from a Salvation Army collection box. The box in question was located on a corner of the intersection of Ft. Lowell Road and Dodge Boulevard in Tucson. It was...

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