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STATE v. KELLER

No. 3638.

114 Ariz. 572 (1977)

562 P.2d 1070

STATE of Arizona, Appellee, v. Danny Lee KELLER, Appellant.

Supreme Court of Arizona, In Banc.

March 21, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Shirley H. Frondorf, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by H. Allen Gerhardt, Jr., Deputy Public Defender, Phoenix, for appellant.

HOLOHAN, Justice.

The defendant, Danny Lee Keller, was charged with second-degree burglary and grand theft. As part of a plea agreement the state dismissed the grand theft count and the defendant agreed to submit the case to the trial court based on the preliminary hearing transcript. He was found guilty of second-degree burglary and placed on probation for two years. A timely notice of appeal was filed, and we took jurisdiction pursuant to Rule 47(e)(5), Rules of...

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