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07-31-2008, 03:20 PM #1
AZ solicitation conviction for smuggling upheld
Jul 31, 1:33 PM EDT
AZ solicitation conviction for smuggling upheld
PHOENIX (AP) -- A new court ruling says Arizona can prosecute people who arrange to have themselves smuggled into the country even when they made all the arrangements while still outside the state.
The Court of Appeals ruling upholds the conviction of a Mexico City man who told police that he arranged to have himself smuggled into Arizona while in San Luis, Mexico.
Andre Coz Flores pleaded guilty to solicitation of the crime of human smuggling. But he appealed on grounds that there wasn't jurisdiction to prosecute for solicitation because the alleged crime took place outside Arizona.
But the Court of Appeals says a solicitation charge can be based on results of the crime involved, and it cites Flores' presence in Arizona as a result of being smuggled across the border.
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The case is State vs. Flores, 1 CA-CR 07-0800 PRPC.
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On the Net:
Court of Appeals Division One: http://www.cofad1.state.az.us
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