STATE v. MALVERN

Nos. 2 CA-CR 97-0335, 2 CA-CR 97-0433.

962 P.2d 228 (1998)

192 Ariz. 154

The STATE of Arizona, Appellant, v. Stacy MALVERN and Mark Daniel Davis, Appellees.

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

Redesignated as Opinion and Publication Ordered April 9, 1998.

Review Denied September 10, 1998.


Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney by Jonathan Bass, Tucson, for Appellant.

Susan A. Kettlewell, Pima County Public Defender by Lori J. Lefferts, Tucson, for Appellee Malvern.

Isabel Garcia de Romo, Pima County Legal Defender By Joy Athena, Tucson, for Appellee Davis.


OPINION

HOWARD, Judge.

¶ 1 Appellees Mark Daniel Davis and Stacy Malvern were charged with first-degree hindering prosecution in violation of A.R.S. § 13-2512(A) for rendering assistance to Daryl, a juvenile who had absconded from a state juvenile secure care facility. Davis pled guilty to attempted first-degree hindering prosecution, and Malvern moved to dismiss the charge. Concluding that § 13-2512 only proscribes assistance to a...

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