STATE v. FEDERICO

No. 1825.

104 Ariz. 49 (1968)

448 P.2d 399

The STATE of Arizona, Appellant, v. Ruben FEDERICO, Appellee.

Supreme Court of Arizona. In Banc.

Rehearing Denied January 7, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, then Atty. Gen., Phoenix, William J. Schafer, III, Pima County Atty., by Horton C. Weiss, Deputy County Atty., Pima County, Tucson, for appellant.

Royal & Carlson, by H. Wesley Carlson, Tucson, for appellee.


McFARLAND, Chief Justice:

After a trial in superior court, a jury found defendant-appellee guilty of rape, and he was given a sentence of eight to ten years in prison. We affirmed the conviction, and our mandate was received by the superior court on September 23, 1966. Defendant unsuccessfully applied to the U.S. Supreme Court for certiorari, and remained free on bond until July 14, 1967, at which time the superior court held a hearing and ordered that the "imposition...

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