HATHAWAY, Chief Judge.
This is an appeal from a plea of guilty and a sentence of 4 to 5 years to the crime of petty theft with a prior conviction.
The facts are as follows. On June 29, 1972, the Tucson Police Department responded to a call from a Circle K food market. Upon arrival the officers were approached by the manager, Mr. Lorne Niece, who stated that the defendant had taken a $.70 bottle of wine and had attempted to leave the store without paying for...
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