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STATE v. SPELLMAN

No. 1857.

104 Ariz. 597 (1969)

457 P.2d 274

The STATE of Arizona, Appellee, v. Robert SPELLMAN, Appellant.

Supreme Court of Arizona. In Banc.

July 21, 1969.

Attorney(s) appearing for the Case

Vernon B. Croaff, Public Defender, by Grant Laney, Deputy Public Defender, for appellant.

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

SUPPLEMENTAL OPINION

UDALL, Chief Justice:

In a motion for rehearing the public defender, on behalf of defendant Spellman, has contended that our opinion filed June 2, 1969, 104 Ariz. 438, 454 P.2d 980, was premature and that we overlooked the fact that defendant was not represented by counsel.

Counsel points out that the court below, at the time defendant's notice of appeal was...

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