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STATE v. BORQUEZ

No. 2 CA-CR 2012-0184.

307 P.3d 51 (2013)

The STATE of Arizona, Appellee, v. Robert Francisco BORQUEZ, Appellant.

Court of Appeals of Arizona, Division 2.

July 25, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General by Joseph T. Maziarz and Amy Pignatella Cain, Tucson, Attorneys for Appellee.

Isabel G. Garcia, Pima County Legal Defender by Scott A. Martin, Tucson, Attorneys for Appellant.

OPINION

MILLER, Judge.

¶ 1 Appellant Robert Borquez was convicted of theft of a credit card, fraudulent use of the credit card, and theft by misrepresentation relating to the credit card. On appeal he challenges the conviction of theft by misrepresentation, arguing there was insufficient evidence establishing the elements of the offense. In addressing these issues we must decide whether A.R.S. § 13-1802(A)(3) requires a material misrepresentation...

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