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STATE v. GOMEZ

No. 1436-2.

105 Ariz. 424 (1970)

466 P.2d 378

The STATE of Arizona, Appellee, v. Benito Macias GOMEZ, Appellant.

Supreme Court of Arizona, In Banc.

March 9, 1970.

Attorney(s) appearing for the Case

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

Leon Thikoll, Tucson, for appellant.

McFARLAND, Justice:

Appellant Benito Macias Gomez — hereinafter referred to as defendant — was convicted of burglary in the first degree by a Pima County Superior Court sitting with a jury, and sentenced to twelve to fifteen years in the state penitentiary. From this conviction he appeals.

This case has been before this Court previously [96 Ariz. 39, 40 P.2d 593]. In a per curiam opinion we stated that:

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