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STATE v. TOSTADO

No. 2868.

111 Ariz. 98 (1974)

523 P.2d 795

STATE of Arizona, Appellee, v. Rafael TOSTADO, Appellant.

Supreme Court of Arizona, In Banc.

June 19, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., R. Wayne Ford, Asst. Atty. Gen., Phoenix, for appellee.

David M. Ochoa, Casa Grande, for appellant.

LOCKWOOD, Justice:

Rafael Tostado, the defendant in this case, was charged with two counts of murder in violation of A.R.S. §§ 13-451, 13-452, and 13-453. He was subsequently tried and convicted of two counts of second degree murder. He was sentenced to serve from eighteen to thirty years on each count with the sentences to run concurrently.

The pertinent facts are as follows. The defendant was a Mexican national who was illegally working in the...

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