VALENZUELA v. STATE EX REL. EYMAN

No. 10605.

108 Ariz. 193 (1972)

494 P.2d 1323

Peter Munoz VALENZUELA, Appellant, v. STATE of Arizona ex rel. Frank A. EYMAN, Warden, Arizona State Prison, Appellee.

Supreme Court of Arizona, In Banc.

March 22, 1972.


Attorney(s) appearing for the Case

Peter Munoz Valenzuela, in pro. per.

Gary K. Nelson, Atty. Gen., Albert M. Coury, Asst. Atty. Gen., Phoenix, for appellee.


LOCKWOOD, Justice:

Appellant in his motion for rehearing urges that the sentence was ambiguous as to whether the five counts on which appellant was sentenced were to run consecutively or concurrently. He relies on McGilbry v. State ex rel. Eyman, 5 Ariz.App. 264, 425 P.2d 575 (1967).

In McGilbry, supra, the defendant was sentenced on two different counts. On the first count...

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