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SCARBOROUGH v. STATE OF ARIZONA

No. 74-3412.

531 F.2d 959 (1976)

Kenneth Robert SCARBOROUGH, Petitioner-Appellee, v. STATE OF ARIZONA, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

March 15, 1976.

Attorney(s) appearing for the Case

George B. Mount, Deputy County Atty. (argued), Phoenix, Ariz., for respondent-appellant.

Philip M. Haggerty (argued), Phoenix, Ariz., for petitioner-appellee.

Before BARNES and TRASK, Circuit Judges, and LUCAS, District Judge.

OPINION

BARNES, Senior Circuit Judge:

Petitioner Kenneth Robert Scarborough was charged in the Superior Court of Maricopa County, Arizona, with the offenses of robbery and assault with a deadly weapon. He was convicted by a jury of both crimes and was sentenced to not less than eighteen or more than twenty-five years in the Arizona State Prison on the robbery charge and not less than five or more than ten years on the assault with a deadly weapon charge...

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