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STATE v. WARE

No. 3474.

113 Ariz. 337 (1976)

554 P.2d 1264

The STATE of Arizona, Appellee, v. Roger Terry Lee WARE, Appellant.

Supreme Court of Arizona, In Banc.

September 7, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Michael G. Sullivan, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Chief Justice.

This is an appeal by Roger Terry Lee Ware from a jury verdict and judgment of guilt to two counts of armed robbery, A.R.S. §§ 13-641 and 13-643, and concurrent sentences thereon of not less than ten nor more than fifteen years in the Arizona State Prison.

The following questions are presented:

1. Was the in-court identification impermissibly tainted by the pretrial identification procedures? 2. Was the sentence...

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