STATE v. SPAIN

Nos. 2 CA-CR 787, 2 CA-CR 788-2.

27 Ariz. App. 752 (1976)

558 P.2d 947

The STATE of Arizona, Appellee, v. William SPAIN, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 30, 1976.

Petition for Review Denied January 4, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Georgia Butcher Ellexson, Asst. Attys. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Donald Jay Natoli, Jr., Asst. Public Defender, Tucson, for appellant.


OPINION

HOWARD, Chief Judge.

Appellant was convicted by a jury of armed robbery, armed burglary and assault with a deadly weapon and sentenced to concurrent terms of not less than fifteen nor more than twenty years in the Arizona State Prison.

The record shows that the victim, Alexander Woods, was asleep in his bedroom with the window open and was awakened by the barking of his dog. He heard a voice through the open window saying, "Don't move or I...

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