STATE v. RODRIQUEZ

No. 2944-2.

113 Ariz. 409 (1976)

555 P.2d 655

STATE of Arizona, Appellee, v. Roy Louis RODRIQUEZ, Appellant.

Supreme Court of Arizona, En Banc.

September 28, 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.

Robert A. Wertsching, Phoenix, for appellant.


HAYS, Justice.

Appellant, Roy Louis Rodriquez, was indicted on the charge of assault with intent to commit murder in April, 1972, in connection with the shooting of a sheriff's deputy. He was convicted thereof by a jury in February, 1973. A motion for a new trial, timely made, was never ruled on until appellant filed a petition for post-conviction relief in August, 1975. The petition was granted and a ruling finally made on the motion for a new trial. That ruling...

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