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STATE v. SERGHEYEV

No. 2 CA-CR 484.

24 Ariz. App. 189 (1975)

536 P.2d 1081

The STATE of Arizona, Appellant, v. Nehmo A. SERGHEYEV, Russell J. Nesselt, and Giselle L. Ruesga, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 14, 1975.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty. by Franklin O. Eldridge, Deputy County Atty., Tucson, for appellant.

Donau, Bolt, Hickle & Whitley by Dwight M. Whitley, Tucson, for appellee Sergheyev.

David M. Waterman, Tucson, for appellee Nesselt.

John M. Neis, Pima County Public Defender by Norman R. Freeman, Asst. Public Defender, Tucson, for appellee Ruesga.

ON MOTION FOR REHEARING

HOWARD, Chief Judge.

Appellees have filed a contemptuous and scurrilous motion for rehearing and have in conjunction therewith filed a motion to modify the record asking us to allow them to file attached "Finding of Facts".

After the filing of our opinion in this case the Public Defender had the trial court make the following "Finding of Facts":

"1. Officer Milne did not observe the lack of a rear license plate on the...

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