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BURCHETT v. STATE EX REL. DEPT. OF CORRECTIONS

No. 2 CA-CIV 2163.

115 Ariz. 136 (1977)

564 P.2d 87

In the Matter of James Burchett, Prisoner-patient at the Arizona State Hospital. James BURCHETT, Appellant and Cross-Appellee, v. The STATE of Arizona ex rel. the DEPARTMENT OF CORRECTIONS and the Arizona State Hospital, Appellees and Cross-Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 29, 1977.

Review Denied May 10, 1977.

Attorney(s) appearing for the Case

Lewis & Roca, by Paul G. Ulrich, Phoenix, for appellant and cross-appellee.

Bruce E. Babbitt, Atty. Gen. by Daniel W. Shuman and Cleon M. Duke, Asst. Attys. Gen., Phoenix, for appellees and cross-appellants.

OPINION

HOWARD, Chief Judge.

This is another chapter in the continuing story of James Burchett. In 1961 he was sentenced to life imprisonment in the Arizona State Prison without possibility of parole for the kidnapping, rape and assault with intent to commit rape of a child. For the past few years Mr. Burchett has been attempting to stay in the Arizona State Hospital rather than in the Arizona State Prison. In the case of In Re Burchett,

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