STATE v. SUSTAITA

Nos. 2 CA-CR 1040, 2 CA-CR 1052.

119 Ariz. 600 (1977)

583 P.2d 256

The STATE of Arizona, Appellee, v. Paul Montez SUSTAITA and Paul R. Gonzales, Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 5, 1978.

Review Granted January 10, 1978.


Attorney(s) appearing for the Case

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

Harley D. Kurlander, Tucson, for appellant Sustaita.

Frederick S. Klein, Tucson, for appellant Gonzales.


OPINION

RICHMOND, Judge.

In a joint indictment, Paul Montez Sustaita was charged with assault with intent to commit sodomy, A.R.S. § 13-252, and sodomy, A.R.S. § 13-651, as amended, and Paul Rodrigues Gonzales was charged with assault with intent to commit sodomy. The charges arose out of separate incidents occurring on the same date and involving the same victim in a trusty tank at the Pima County Jail. Following a jury trial, guilty verdicts were...

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