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STATE BAUMERT v. SUPERIOR COURT OF COUNTY OF MARICOPA

No. 15577.

130 Ariz. 256 (1981)

635 P.2d 849

STATE of Arizona, ex rel. Andy BAUMERT, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT OF the COUNTY OF MARICOPA, and The Honorable Gerald J. Strick, Judge thereof; The Municipal Court of the City of Phoenix, Arizona, and The Honorable N. Pike Johnson, Judge thereof, and Ronald P. Livingston, Defendant and Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

October 16, 1981.

Attorney(s) appearing for the Case

Andy Baumert, City Atty., Aaron J. Carreon-Ainsa, Asst. City Prosecutor, Phoenix, for petitioner.

Craig A. Mehrens, Alex M. Rossell, Phoenix, for respondent Livingston.

GORDON, Justice:

Real party in interest Ronald P. Livingston was charged in Phoenix Municipal Court with a violation of A.R.S. § 13-1402, which provides:

"A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the...

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