STATE v. VERDUGO

No. 2357.

109 Ariz. 391 (1973)

510 P.2d 37

STATE of Arizona, Appellee, v. Frank VERDUGO, Appellant.

Supreme Court of Arizona, In Banc.

May 25, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.

W. Clifford Girard, Jr., Phoenix, for appellant.


LOCKWOOD, Justice:

The defendant Frank Verdugo was convicted of second degree rape, on two counts, pursuant to A.R.S. § 13-611, subsec. B. He was sentenced to the Arizona State Prison for a period of not less than one and one-half nor more than two years on Count I and for a term of not less than one and one-half years nor more than two years on Count II, to run concurrently.

The following are the pertinent facts in this case. In July, 1969, the defendant...

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