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STATE v. ROSS

No. 1 CA-CR 05-0200.

151 P.3d 1261 (2007)

STATE of Arizona, Appellee, v. Kevin M. ROSS, Appellant.

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

January 30, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Cassie Bray Woo, Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for Appellee.

Hoidal & Hannah, P.L.C. By John R. Hannah and Martin Lieberman, P.C. By Martin Lieberman, Phoenix, Attorneys for Appellant.

OPINION

IRVINE, Presiding Judge.

¶ 1 Kevin Ross appeals from his conviction and sentence for violating the conflict of interest prohibition of Arizona Revised Statutes ("A.R.S.") section 38-504(C) (2001). He argues that taking and using publicly available information from his own agency for his own business purposes cannot be considered using his position to secure any valuable thing or valuable benefit that is of such character as to manifest a substantial...

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