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STATE v. GUTIERREZ

No. 2 CA-CR 1016.

116 Ariz. 207 (1977)

568 P.2d 1105

The STATE of Arizona, Appellee, v. Robert Richard GUTIERREZ and Ronnie Gutierrez, Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 29, 1977.

Review Denied September 8, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

Thomas Meehan, Tucson, for appellants.

OPINION

HOWARD, Chief Judge.

Appellants and their brother, Raul, were each charged with two counts of assault with a deadly weapon as a result of a barroom brawl. The jury found Raul not guilty of both charges, while appellants were found guilty of assaulting Donald Pepin with a deadly weapon and guilty of aggravated assault of Vincent Alfano. Appellants were placed on probation and claim that their convictions should...

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