McFARLAND, Justice:
Clarence Farley — hereinafter referred to as defendant — was charged with the crime of burglary of the first degree in Count I; and Count II, burglary in the second degree. On the 11th day of April 1969 he entered his plea of guilty of burglary in the second degree, and was sentenced to serve not less than three years nor more than five years at the Arizona State Penitentiary, to begin with his original incarceration April 2, 1969...
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