We granted the petition for review herein. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3) and Ariz.R.Civ.App.P. 23. We do not disagree with the reasoning of the Court of Appeals as set forth in its opinion, 145 Ariz. 387, 701 P.2d 1195 (App. 1984) but supplement the opinion by adding to it the reasoning contained in State v. LaBarre, 125 Ariz. 497, 610 P.2d 1058 (App. 1980), which we hereby approve.

The opinion of the Court of Appeals, Division One, is approved and supplemented as modified, and the matter is remanded to the trial court for proceedings consistent with this- opinion.