Files v. Bernal

OPINION

DRUKE, Judge.

¶ 1 Appellee Steven Files approached an undercover police officer who was posing as a prostitute and offered her “at least $40.00” if she would have “ ‘straight sex’” with him. Files was charged with violating Tucson City Code § 11 — 28(l)(c), which criminalizes the conduct of anyone who “[a]ids, offers or agrees to commit or conspires to commit or commits any act of prostitution.” After the city court denied his motion to dismiss, Files brought a special action in the superior court, which granted relief and instructed the city court to dismiss the charge. This appeal by…