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STATE v. YEHLING

No. 2338.

108 Ariz. 294 (1972)

496 P.2d 859

The STATE of Arizona, Appellee, v. Larry C. YEHLING, Appellant.

Supreme Court of Arizona, In Banc.

May 11, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix by Jerry C. Schmidt, Asst. Atty. Gen., Tucson, for appellee.

O'Dowd, Fahringer & Diamos by Clay G. Diamos, Tucson, for appellant.

STRUCKMEYER, Justice.

Larry C. Yehling, after waiving a jury, was tried and convicted of two felony counts, (1) aggravated assault while armed with a gun, a violation of A.R.S. § 13-245, subsec. C, and (2) kidnapping while armed with a gun, a violation of A.R.S. § 13-491, subsec. D. From concurrent sentences of not less than ten nor more than twelve years, he appeals.

It is to be immediately observed that it is not the function of an appellate court...

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