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STATE v. MITCHELL

No. 2133.

106 Ariz. 492 (1970)

478 P.2d 517

STATE of Arizona, Appellee, v. Thomas Armendarez MITCHELL, Jr., Appellant.

Supreme Court of Arizona, In Banc.

December 30, 1970.

Attorney(s) appearing for the Case

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

S. Jeffrey Minker, Tucson, for appellant.

McFARLAND, Justice:

Thomas Armendarez Mitchell, Jr., hereinafter referred to as defendant, was tried and convicted on Count I — attempted kidnapping "while armed with a gun" and Count II — assault with a "deadly weapon or instrument, to wit: a gun" — and was sentenced to a term of not less than ten years nor more than fifteen years in the Arizona State Prison, both counts to run concurrently. From his...

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