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STATE v. KENDALL

No. 2039.

107 Ariz. 28 (1971)

481 P.2d 265

STATE of Arizona, Appellee, v. Edwin Dale KENDALL, Appellant.

Supreme Court of Arizona, In Division.

February 25, 1971.

Attorney(s) appearing for the Case

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

Lee V. Bakunin, Phoenix, for appellant.

LOCKWOOD, Justice:

Defendant was charged with two counts of robbery, with two prior felony convictions. He was alleged to have robbed a Taco Bell restaurant, and to have had — as his accomplice — one James Hale who was also charged. Both were represented by the public defender, and pleaded not guilty to all charges.

The prosecution decided to agree to Hale's pleading guilty in order to testify against defendant Kendall. Since this created

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