STATE v. SMITH

Nos. 2961, 2962 and 3691.

116 Ariz. 387 (1977)

569 P.2d 817

STATE of Arizona, Appellee, v. Joseph Clarence SMITH, Jr., Appellant.

Supreme Court of Arizona, En Banc.

September 16, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III, and Gregory A. McCarthy, Asst. Attys. Gen., Phoenix, for appellee.

Stephen A. Gerst, Phoenix, for appellant.


HAYS, Justice.

The appellant, Joseph Clarence Smith, Jr., was tried and convicted by a jury on August 9, 1976, of the crime of rape, first degree.

Appellant had previously been convicted on two separate counts of rape, first degree, on December 4, 1973. For the two prior rape convictions, appellant was given five years probation; a condition of the probation was that the appellant serve one year in the Maricopa County Jail. This condition was subsequently...

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