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STATE v. WEINSTEIN

No. 1 CA-CR 94-0093.

182 Ariz. 564 (1995)

898 P.2d 513

STATE of Arizona, Appellant, v. Eric Haywood WEINSTEIN, Appellee.

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

June 20, 1995.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Diane E.W. Gunnels, Deputy County Atty., Phoenix, for appellant.

Dean W. Trebesch, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, for appellee.

OPINION

GERBER, Presiding Judge.

The state appeals the trial court's dismissal of a theft by extortion charge against defendant Eric Haywood Weinstein (Weinstein). We conclude that Arizona Revised Statutes Annotated (A.R.S.) section 13-1804(A)(6), under which Weinstein was indicted, is unconstitutionally overbroad because it encompasses a substantial amount of protected speech. Accordingly, we affirm the trial court's ruling.

BACKGROUND...

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