State Ex Rel. Purcell v. Superior Court

HOLOHAN, Justice.

The Respondent Real Party in Interest, Albert Lynn Naylor, was charged with violation of A.R.S. § 13-712(9), as amended in 1970, commonly referred to as “trespass by loitering.” He was found guilty in the Municipal Court of the City of Phoenix, from which judgment and sentence he appealed to the superior court for a trial de novo.

Prior to trial in the superior court, the Respondent Naylor filed a motion to dismiss the prosecution on the grounds that the statute under which he was charged was unconstitutional. The superior court granted the motion and dismissed the prosecution.