STATE v. DEAN

No. 2 CA-CR 123.

8 Ariz. App. 508 (1968)

447 P.2d 890

The STATE of Arizona, Appellee, v. Roy Lee DEAN and Marvin Kisselburg, Appellants.

Court of Appeals of Arizona.

Rehearing Denied December 30, 1968.

Review Denied February 18, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Douglas H. Clark, Tucson, for appellant Dean.

Jerold A. Cartin, Tucson, for appellant Kisselburg.


KRUCKER, Judge.

APPEAL OF ROY LEE DEAN

Defendant Dean was convicted of petty theft, second offense, a felony, and this appeal is taken, not from the conviction itself, but from the application of the Arizona Recidivist Statute, A.R.S. § 13-1649, 5 A.R.S.

The prior conviction occurred on May 5, 1967, in the city court, City of Tucson, and at this time Dean pleaded guilty to and was convicted of petty theft. He was not represented by counsel at...

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