State v. Brockell

OPINION

DRUKE, Chief Judge.

The state appeals from the trial court’s dismissal of the indictment charging appellee with causing criminal damage in an amount more than $2,000 but less than $10,000, a class five felony, A.R.S. § 13-1602(A) and (B)(2), based on its finding that the statute is unconstitutionally vague. We reverse for the reasons stated below.1

A statute is void for vagueness if it fails to define a criminal offense with enough particularity so as to inform an ordinary person of the proscribed conduct or if it encourages arbitrary enforcement. State v. Martin, 174 Ariz. 118, 847 P.2d…