STATE v. MONTGOMERY

No. 2431.

109 Ariz. 34 (1973)

504 P.2d 935

STATE of Arizona, Appellee, v. James MONTGOMERY, Appellant.

Supreme Court of Arizona, In Banc.

January 8, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Peter M. Van Orman, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by William C. Blakley, Deputy Public Defender, Phoenix, for appellant.


HAYS, Chief Justice.

Defendant, James Montgomery, was given a sentence of not less than ten years and not more than ten years and one day for robbery with a prior conviction. He appeals.

The facts indicate that defendant had the misfortune to rob a service station at Seventh Avenue and Van Buren Streets in Phoenix just as a police car with two officers was pulling into the station. As the officers drove in the station, defendant ran out and was momentarily...

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