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STATE v. TELLEZ

No. 2785.

111 Ariz. 34 (1974)

523 P.2d 62

The STATE of Arizona, Appellee, v. Benny Nunez TELLEZ, Appellant.

Supreme Court of Arizona, In Banc.

June 3, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Shirley H. Frondorf, Sp. Asst. Atty. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Charles Babbitt, Asst. Public Defender, Tucson, for appellant.

CAMERON, Vice Chief Justice.

This is an appeal from a judgment of the court sitting without a jury finding the defendant guilty of two counts of aggravated battery, § 13-245 A.R.S., and a sentence of two to three years in the Arizona State Prison on each count to be served concurrently.

We must answer three questions on appeal:

1. Was it reversible error for the prosecutor to use a prior conviction which defendant had admitted for the purposes...

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