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STATE v. WEST

No. 2 CA-CR 2008-0342.

233 P.3d 1154 (2010)

The STATE of Arizona, Appellant, v. Randall D. WEST and Penny A. West, Appellees.

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

June 14, 2010.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney by Jacob R. Lines, Susan L. Eazer, Tucson, Attorneys for Appellant.

Robert J. Hirsh, Pima County Public Defender By Frank P. Leto, Tucson, Attorneys for Appellee Randall West.

Law Offices of Thomas Jacobs By Thomas F. Jacobs, Tucson, Attorneys for Appellee Penny West.

OPINION

ESPINOSA, Presiding Judge.

¶ 1 After a jury found appellees Penny and Randall West guilty of child abuse, the trial court granted their post-verdict motions for judgment of acquittal pursuant to Rule 20, Ariz. R.Crim. P., which the State of Arizona now appeals. For the following reasons, we reverse.

Factual Background and Procedural History

¶ 2 On August 24, 2005, sixteen-month-old Emily M. died from severe head...

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