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STATE v. GRAY

No. CR-15-0293-PR.

372 P.3d 999 (2016)

239 Ariz. 475

STATE of Arizona, Appellee, v. Maverick Kemp GRAY, Appellant.

Supreme Court of Arizona.

Filed June 20, 2016.

Attorney(s) appearing for the Case

Mark Brnovich, Arizona Attorney General, John R. Lopez IV, Solicitor General, Joseph T. Maziarz, Chief Counsel, Criminal Appeals Section, Christopher M. DeRose (argued), Senior Litigation Counsel, Phoenix, Attorneys for State of Arizona.

Steven R. Sonenberg, Pima County Public Defender, David J. Euchner (argued), Deputy Public Defender, Tucson, Attorneys for Maverick Kemp Gray.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUSTICES BRUTINEL and TIMMER joined, and JUSTICE BOLICK dissented.

¶ 1 Consistent with Arizona's common law, we hold that A.R.S. § 13-206(A) affords a defense of entrapment only when the defendant affirmatively admits the substantial elements of the charged offense. A defendant cannot invoke this affirmative defense merely by declining to challenge the state...

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