STATE v. MARTIN

No. 2097.

107 Ariz. 444 (1971)

489 P.2d 254

The STATE of Arizona, Appellee, v. Gordon R. MARTIN, Appellant.

Supreme Court of Arizona, In Banc.

October 5, 1971.


Attorney(s) appearing for the Case

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

Ross P. Lee, Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.


UDALL, Justice:

Defendant, Gordon R. Martin, was found guilty by a jury of robbery and was sentenced to a term of not less than 25 nor more than 30 years in prison. The offense of which Martin was convicted consisted of the robbery of a U-Totem market in Mesa. We granted Martin's motion to take a delayed appeal. For the reasons advanced below, the judgment of the trial court is reversed and remanded.

The facts of the case which are relevant to the determination...

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