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STATE v. GOMEZ

No. 2 CA-CR 821-2.

27 Ariz. App. 248 (1976)

553 P.2d 1233

The STATE of Arizona, Appellee, v. Robert Anthony GOMEZ, Appellant.

Court of Appeals of Arizona, Division 2.

July 20, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

Solsberry & McDonald by Kerry A. McDonald, Nogales, for appellant.

OPINION

KRUCKER, Judge.

This is an appeal from convictions of forgery, A.R.S. § 13-421, and theft by embezzlement, A.R.S. § 13-682, and concurrent sentences thereon of not less than eight nor more than ten years on the forgery charge and not less than eight nor more than ten years on the embezzlement charge.

We are asked to answer four questions on appeal:

1. Should the court have granted a dismissal because of lack of a proper preliminary...

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