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STATE v. ARCHIBEQUE

No. 1 CA-CR 08-0048.

221 P.3d 1045 (2009)

STATE of Arizona, Appellant, v. Manuel ARCHIBEQUE, Appellee.

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

December 15, 2009.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney, by Lisa Marie Martin, Deputy County Attorney, Phoenix, Attorneys for Appellant.

Law Offices of Christopher Winchell by Christopher Winchell, Phoenix, Attorneys for Appellee.

OPINION

GEMMILL, Judge.

¶ 1 The State of Arizona appeals the trial court's order suppressing Manuel Archibeque's confession made to a clergyman within the meaning of Arizona Revised Statutes ("A.R.S.") section 13-4062(3) (Supp. 2009). For the reasons that follow, we conclude that Archibeque's statements to his Bishop are protected by the clergy-penitent privilege; the presence of Archibeque's wife during the confession does not vitiate this privilege...

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