STATE v. HUBBARD

No. 2300.

108 Ariz. 397 (1972)

499 P.2d 153

STATE of Arizona, Appellee, v. John HUBBARD, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 12, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Howard L. Fell, Asst. Atty. Gen., Albert M. Coury, Former Asst. Atty. Gen., Phoenix, and Jerry C. Schmidt, Former Asst. Atty. Gen., Tucson, for appellee.

Howard A. Kashman, Pima County Public Defender by Eleanor Daru Schorr, Deputy Public Defender, Tucson, for appellant.


HAYS, Chief Justice.

The defendant, John Hubbard, entered a plea of guilty to an amended information charging second degree murder. Thereafter, he was sentenced to not less than twenty-five nor more than forty years in the state prison.

Basically, the only issue raised on appeal is the excessiveness of that sentence. As an ancillary issue, the defendant, in his opening brief, contended that the trial court's refusal to furnish to him the probation department...

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