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STATE v. O'NEILL

No. 3906.

117 Ariz. 343 (1977)

572 P.2d 1181

STATE of Arizona, Appellee, v. James Michael O'NEILL, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied January 4, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., William J. Schafer, III, Chief Counsel, Crim. Div., Crane McClennen, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, Anne W. Kappes, Deputy Public Defender, Phoenix, for appellant.

GORDON, Justice:

Appellant, James O'Neill, was sentenced to a term of twenty years to life following his plea of no contest to a charge of child molesting in violation of A.R.S. § 13-653. The sole issue raised is whether the sentence imposed was excessive. We have jurisdiction pursuant to A.R.S. § 13-1711.

The facts underlying this case are as follows: On October 28, 1976 appellant had received his unemployment check in the

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