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STATE v. KELLY

No. 2889.

111 Ariz. 181 (1974)

526 P.2d 720

The STATE of Arizona, Appellee, v. Mark Daniel KELLY, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 13, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Former Atty. Gen., N. Warner Lee, Atty. Gen. by Stanley L. Patchell, Asst. Atty. Gen., Phoenix, for appellee.

Louis L. Deckter, Tuscon, for appellant.

CAMERON, Vice Chief Justice.

Defendant, Mark Daniel Kelly, was tried and convicted of rape while armed with a deadly weapon, § 13-611 and § 13-614(C) A.R.S., and burglary while armed with a deadly weapon, § 13-302 A.R.S. He was sentenced to a term of from ten to fifteen years imprisonment on each count, to run concurrently. From his conviction and sentence he appeals.

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