State v. Superior Court

HOWARD, Chief Judge.

The real party in interest was charged under A.R.S. Secs. 13-661, 13-662, 13-663, 13-671, 13-688 and 13-682 with grand theft by embezzlement of a motor vehicle. Based on State v. Thomas, 110 Ariz. 27, 514 P.2d 1023 (1973) the trial court granted his motion to dismiss without prejudice on the grounds that since a motor vehicle was involved, he should have been charged under A.R.S. Sec. 13-672(A) which states:

“It shall be unlawful for any person to take from another a motor vehicle with the intent to deprive either temporarily or permanently such other person of such motor…