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STATE v. VANDERLINDEN

No. 1 CA-CR 571.

21 Ariz. App. 358 (1974)

519 P.2d 211

STATE of Arizona, Appellee, v. Darwin Loy VANDERLINDEN, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 9, 1974.

Review Granted April 30, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Stanley L. Patchell, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender for Maricopa County by Rudy Gerber, Deputy Public Defender, Phoenix, for appellant.

OPINION

JACOBSON, Chief Judge of Division One.

This appeal raises the issue of the failure of the trial court in a theft by embezzlement prosecution, where the value of the property embezzled is in dispute, to instruct on the difference between grand theft by embezzlement and petty theft by embezzlement.

On October 14, 1971, the grand jury of Maricopa County, Arizona, returned an indictment against the defendant, Darwin Loy Vanderlinden, charging him...

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