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STATE v. GILL

No. 1 CA-CR 13-0790.

333 P.3d 36 (2014)

STATE of Arizona, Appellant, v. Elizabeth Lee Anne GILL, Appellee.

Court of Appeals of Arizona, Division 1.

August 21, 2014.

Attorney(s) appearing for the Case

Yavapai County Attorney's Office By Dennis M. McGrane, Prescott, for Appellant.

C. Kenneth Ray, II, P.C. By C. Kenneth Ray, II, Prescott, for Appellee.

Presiding Judge JOHN C. GEMMILL delivered the opinion of the Court, in which Judge PETER B. SWANN and Judge PATRICIA A. OROZCO joined.

OPINION

GEMMILL, Judge.

¶ 1 The State of Arizona appeals from an order dismissing without prejudice five counts of third-degree burglary pursuant to Arizona Revised Statutes ("A.R.S.") section 13-1506(A)(1) against Defendant Elizabeth Lee Anne Gill. The issue presented is whether a mailbox is a "nonresidential structure" as defined in A.R.S. § 13-1501(10) and (12) for purposes of third-degree burglary. Because we conclude a mailbox is a nonresidential...

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