STATE v. LOPEZ

No. 1 CA-CR 1182.

25 Ariz. App. 437 (1976)

544 P.2d 261

STATE of Arizona, Appellant, v. Benito Hernandez LOPEZ, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied February 13, 1976.

Review Denied March 9, 1976.


Attorney(s) appearing for the Case

Moise E. Berger, County Atty. by J. Daniel Hicks, Deputy County Atty., Phoenix, for appellant.

Raineri & Raineri by Anthony J. Raineri, Phoenix, for appellee.


OPINION

JACOBSON, Presiding Judge.

The sole issue raised in this appeal by the state is whether the trial court has discretion to place a criminal defendant on probation when he is convicted of robbery where a gun is used and sentence imposed under A.R.S. § 13-643.

The defendant-appellee, Benito Hernandez Lopez, was convicted by a jury of armed robbery on December 4, 1974. The testimony indicated that the defendant used a gun in effecting the...

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