STATE v. MERCER

No. 3924.

116 Ariz. 542 (1977)

570 P.2d 484

STATE of Arizona, Appellee, v. Ernest Wayne MERCER, Appellant.

Supreme Court of Arizona, En Banc.

September 22, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and Cleon M. Duke, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Joel M. Glynn, Deputy Public Defender, Phoenix, for appellant.


HAYS, Justice.

Appellant Ernest Wayne Mercer was informed against for a violation of A.R.S. § 13-895, alleged to have occurred on March 10, 1976. He was found guilty by a jury in September and sentenced to nine months in the county jail in October of that year. He appealed his conviction and sentence. We have jurisdiction pursuant to 17A A.R.S. Supreme Court Rules, rule 47(e)(5).

Appellant raises three issues on appeal. Since we are reversing on the first...

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