STATE v. DAVIS

No. 2 CA-CR 869.

115 Ariz. 3 (1977)

562 P.2d 1370

The STATE of Arizona, Appellee, v. James Wardell DAVIS, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 28, 1977.

Review Denied March 29, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Thomas G. Bakker, Asst. Attys. Gen., Phoenix, for appellee.

Law Offices of Erik M. O'Dowd by Bruce A. Burke, Tucson, for appellant.


OPINION

RICHMOND, Judge.

Two questions are presented on this appeal — (1) whether appellant's motion for mistrial should have been granted because of improper prosecutorial argument, and (2) whether imposition of sentence in the absence of appellant was constitutionally infirm.

Appellant was charged with first degree burglary, was tried in absentia and the jury returned a guilty verdict. No question is raised on appeal concerning the...

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