HOWARD, Judge.
Contrary to his plea, appellant was convicted by a jury of assault with a deadly weapon, to-wit a gun, in violation of A.R.S. Sec. 13-249 as amended. He was sentenced to a term of not less than four nor more than five years in the Arizona State Prison. The victim was shot by the appellant after a controversy arose during a dice game. After the first shot hit its mark, the appellant ran outside where an eyewitness saw him fire a second shot into the...
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