STATE EX REL. EYMAN v. SUPERIOR COURT

No. 9823.

105 Ariz. 372 (1970)

464 P.2d 964

STATE of Arizona, ex rel., Frank A. EYMAN, Warden, Arizona State Prison, et al., Petitioner, v. SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF PINAL, and T.J. Mahoney, a Judge thereof, Respondents, James BURCHETT, Real Party in Interest.

Supreme Court of Arizona, In Banc.

February 13, 1970.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Thomas M. Tuggle, Asst. Atty. Gen., Phoenix, for petitioner.

Lewis, Roca, Beauchamp & Linton, by Levi J. Smith, Phoenix, for real party in interest.


HAYS, Justice.

James Burchett, real party in interest and defendant below, was convicted of assault with intent to commit rape, rape, and kidnapping. For those crimes he received consecutive prison sentences of 10 to 14 years on the assault charge, 20 years to life for the rape offense, and life imprisonment without possibility of parole for kidnapping. Defendant failed to take a direct appeal from these convictions and sentences.

On June 4, 1963, approximately...

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