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MATTER OF APPEAL IN PIMA CTY. JUVENILE A.

No. 2 CA-JV 89-0004.

162 Ariz. 97 (1989)

781 P.2d 74

In the Matter of the APPEAL IN PIMA COUNTY JUVENILE ACTION NO. 74802-2.

Court of Appeals of Arizona, Division 2, Department A.

Redesignated as Opinion and Publication Ordered April 26, 1989.

Review Granted July 13, 1989.

Attorney(s) appearing for the Case

Harold L. Higgins, Pima County Public Defender by Susan Q. Shetter, Tucson, for minor.

Stephen D. Neely, Pima County Atty. by Gerald L. Piccirilli, Tucson, for State.

OPINION

PER CURIAM.

The juvenile appeals the trial court's finding that he was in violation of his probation and the order committing him to the Department of Corrections. We affirm.

The minor was accused of sexual abuse in violation of A.R.S. § 13-1404. Appellant, a 16-year-old at the time, was found to have fondled a 14-year-old girl's breasts with her consent. The minor argued to the trial court that A.R.S. § 13-1404 is unconstitutional...

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