STATE v. BARNETT

No. 2860.

111 Ariz. 391 (1975)

531 P.2d 148

STATE of Arizona, Appellee, v. Andrew BARNETT, Appellant.

Supreme Court of Arizona, In Banc.

January 29, 1975.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Cleon M. Duke, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Terry L. Croghan, Deputy Public Defender, Phoenix, for appellant.


HOLOHAN, Justice.

Andrew Barnett, Jr. appeals from a judgment and sentence for the armed robbery of a Tempe convenience market in June, 1973. He was placed on probation for five years with one of the conditions of probation being that he served one year in the county jail.

The appellant and an acquaintance were in the store at about 2:00 a.m. Barnett pointed and cocked a handgun at the store clerk, telling him that he wanted money. Before the store clerk could...

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