STATE OF ARIZONA v. JOHN DANIEL VAUGHN
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FILED BY CLERK NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND M AY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24. JUN -1 2009 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. JOHN DANIEL VAUGHN, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2008-0368 DEPARTMENT A MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY Cause No. CR-20042813 Honorable Howard Fell, Judge Pro Tempore VACATED Terry Goddard, Arizona Attorney General By Kent E. Cattani and Joseph L. Parkhurst Robert J. Hirsh, Pima County Public Defender By Michael J. Miller H O W A R D, Presiding Judge. Tucson Attorneys for Appellee Tucson Attorneys for Appellant John Daniel Vaughn appeals the trial court s order vacating its prior order to ΒΆ1 expunge Vaughn s deoxyribonucleic acid (DNA) profile from the Arizona DNA Identification System. Vaughn argues that, pursuant to State v. Bryant, 219 Ariz. 514, 200 P.3d 1011 (App. 2008), the trial court did not have jurisdiction to vacate its order. The state concedes error and requests that this court set aside the trial court s October 3, 2008 order1 vacating its original order expunging Vaughn s DNA profile. Because the facts presented here do not materially differ from those in Bryant, we accept the state s concession of error and vacate the trial court s October 3 order. ____________________________________ JOSEPH W. HOWARD, Presiding Judge CONCURRING: ____________________________________ JOHN PELANDER, Chief Judge ____________________________________ PHILIP G. ESPINOSA, Judge 1 This order was actually filed on October 8, 2008. 2 3
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