STATE v. BENTON

No. 2470.

109 Ariz. 427 (1973)

510 P.2d 743

STATE of Arizona, Appellee, v. Elgin BENTON, Appellant.

Supreme Court of Arizona, In Banc.

June 12, 1973.


Attorney(s) appearing for the Case

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

Ross P. Lee, Public Defender, Maricopa County, James H. Kemper, Deputy Public Defender, Phoenix, for appellant.


LOCKWOOD, Justice:

The defendant Elgin Benton appeals from a judgment based upon a jury verdict finding him guilty of robbery in violation of A.R.S. § 13-641 and from a sentence of not less than six nor more than eight years.

It was alleged in the information that Benton robbed Victor Garcia on August 3, 1971. The defendant pleaded not guilty. The facts pertaining to the robbery are as follows: As Garcia approached a phone booth, he noticed two boys near...

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