STATE v. BOENS

No. 2 CA-CR 116.

8 Ariz. App. 110 (1968)

443 P.2d 925

The STATE of Arizona, Appellee, v. Tommie L. BOENS, Appellant.

Court of Appeals of Arizona.

Rehearing Denied August 26, 1968.

Review Denied October 8, 1968.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Carl Waag, Asst. Atty. Gen., for appellee.

Erik M. O'Dowd, Tucson, for appellant.


MOLLOY, Judge.

The only question raised in this appeal is whether the defendant's right to counsel was violated when the defendant was identified by the victim of an attempted robbery at times when the defendant was not provided counsel.

The identifications with which we are concerned occurred at the scene of the attempted robbery, approximately fifteen minutes after it occurred, and at a preliminary hearing conducted approximately one week thereafter. These...

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