STATE v. HORTON

No. 2 CA-CR 301.

18 Ariz. App. 217 (1972)

501 P.2d 58

The STATE of Arizona, Appellee, v. Jesse Lee HORTON, Appellant.

Court of Appeals of Arizona, Division 2.

September 27, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by Howard L. Fell, Asst. Atty. Gen., Tucson, and James P.F. Egbert, Certified Third Year Law Student under Rule 28(e), for appellee.

Edward P. Bolding, Pima County Public Defender by John G. Hawkins, Deputy Public Defender, Tucson, for appellant.


KRUCKER, Chief Judge.

This is an appeal from a sentence of not less than two nor more than four years imposed for a conviction of assault with a deadly weapon under A.R.S. § 13-249 subsec. A, as amended. Originally, appellant was charged under A.R.S. § 13-249, subsec. B with "assault with a deadly weapon, to wit: a gun." Pursuant to a plea bargain whereby the original charge was amended to strike the words "a gun," appellant plead guilty to a charge of assault...

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