STATE v. PAYNE

No. 2814.

110 Ariz. 506 (1974)

520 P.2d 1130

STATE of Arizona, Appellee, v. Howard Linzy PAYNE, Appellant.

Supreme Court of Arizona, In Division.

April 15, 1974.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Michael C. Anderson, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by John Foreman, Deputy Public Defender, Phoenix, for appellant.


HAYS, Chief Justice.

This is an appeal from a judgment of guilty and a sentence of four to five years in jail. Defendant Howard Linzy Payne was originally bound over on one count of child molesting, after a preliminary hearing.

As a result of a plea bargain, it was stipulated that the charge would be reduced to "attempted" child molesting, in return for which defendant would submit the case on the merits to the trial court without a jury "solely on the basis...

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