STATE v. LYNCH

No. 1 CA-CR 2072.

115 Ariz. 19 (1977)

562 P.2d 1386

STATE of Arizona, Appellee, v. John Willie LYNCH, Jr., Appellant.

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

April 7, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Diane M. DeBrosse, Asst. Atty. Gen., Phoenix, for appellee.

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


OPINION

HAIRE, Judge.

The issue in this case is whether appellant's probation was properly revoked on the basis of the judge's knowledge that, during a trial at which appellant was acquitted of a charge of rape, he had "admitted" that he had committed adultery.

Appellant, John Willie Lynch, Jr., was placed on probation for five years in 1973 following a plea of guilty to a charge of sale of dangerous drugs. Term No. 1 of this probation was that he...

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