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STATE v. BAUER

Nos. 1 CA-CR 11628, 1 CA-CR 11631.

159 Ariz. 443 (1988)

768 P.2d 175

STATE of Arizona, Appellee, v. Gary M. BAUER and Yoco Enterprises, Inc., Appellants.

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

Review Denied March 14, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Criminal Div., Joseph T. Maziarz, Asst. Atty. Gen., Phoenix, for appellee.

Nancy L. Hinchcliffe, Phoenix, and Robert E. Smith, Universal City, California, for appellants.

OPINION

BROOKS, Judge.

Appellants Gary Bauer and Yoco Enterprises, Inc., doing business as Castle Adult Bookstore (defendants), were charged by indictment with seven counts of production, publication, sale, and possession for distribution of obscene items, all class 6 felonies. The charges stemmed from the sale or rental of four videocassette films.

The first trial ended in a mistrial, with the jury informing the trial court that it could not reach...

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