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STATE v. PEREZ

No. 3565-PR.

115 Ariz. 30 (1977)

563 P.2d 285

STATE of Arizona, Petitioner, v. Henry Eugene PEREZ, Respondent.

Supreme Court of Arizona, In Banc.

April 11, 1977.

Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty., Moise Berger, Former Maricopa County Atty., Randy L. Ellexson, Deputy County Atty., Phoenix, for petitioner.

Derickson, Kemper, & Henze by James Hamilton Kemper, Phoenix, for respondent.

GORDON, Justice:

Appellant was charged with rape and sodomy. At trial he was acquitted of rape and convicted of sodomy, with a prison sentence of five to twenty years imposed. Post-conviction relief petitions were filed pursuant to 17 A.R.S. Rules of Criminal Procedure, rule 32. The Court of Appeals upheld the trial court's order granting a new trial, 26 Ariz.App. 500, 549 P.2d 595 (1976)...

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