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STATE v. SEARS

No. 1 CA-CR 633.

22 Ariz. App. 23 (1974)

522 P.2d 784

STATE of Arizona, Appellee, v. Roger W. SEARS, Appellant.

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

Rehearing Denied July 17, 1974.

Review Denied September 19, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Frank T. Galati, Asst. Atty. Gen., for appellee.

Ross P. Lee, Maricopa County Public Defender by Anne Kappes, Deputy Public Defender, for appellant.

OPINION

STEVENS, Judge.

Roger W. Sears (defendant) was tried and convicted of burglary in the second degree with a prior conviction. He was sentenced to the Arizona State Prison and the date of the commencement of the sentence allowed him credit for his pretrial incarceration. He then appealed to this Court.

The opening brief presents two questions as follows:

"QUESTION NO. 1 "Did failure of the court to submit the question whether...

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