STATE v. URBAUER

No. 2390.

109 Ariz. 584 (1973)

514 P.2d 717

STATE of Arizona, Appellee, v. Albert Edwin URBAUER, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 30, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Albert M. Coury, Former Asst. Atty. Gen., Peter Van Orman, Asst. Atty. Gen., Phoenix, for appellee.

Mangum, Wall & Stoops by Richard K. Mangum, Flagstaff, for appellant.

Albert Edwin Urbauer in pro per.


LOCKWOOD, Justice:

The appellant in this case was charged with commission of first degree rape and with two counts of having been previously convicted of other felonies. After a jury trial, the appellant was found guilty of the rape count only. The other two counts of prior felony convictions had not been urged before the jury and no evidence had been presented. Appellant was sentenced to serve a term of from twenty-five years to life in the Arizona State Prison....

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