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STATE v. NEVAREZ

No. 2271.

108 Ariz. 414 (1972)

499 P.2d 709

The STATE of Arizona, Appellee, v. Luciano NEVAREZ, Appellant.

Supreme Court of Arizona, In Banc.

July 17, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Mary Z. Chandler, Phoenix, for appellee.

Cohen, Gerst & Groseclose by David A. Groseclose, Phoenix, for appellant.

HAYS, Chief Justice.

The defendant, Luciano Nevarez, was found guilty by a jury of lewd and lascivious acts and sentenced to not less than six nor more than eight years in the Arizona State Prison.

The testimony at trial indicated that Theresa Proffitt, an eleven-year-old girl, was delivering newspapers Sunday morning, October 18, 1970 in Bisbee, Arizona. Around 7:00 A.M. she was accosted by the defendant, ordered into a stairwell, and forced to her knees...

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