STATE v. CUMMINGS

No. 1 CA-CR 3053.

120 Ariz. 69 (1978)

583 P.2d 1389

The STATE of Arizona, Appellee, v. Calvin CUMMINGS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

August 22, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., William J. Schafer, III, Chief Counsel, Crim. Div., Carol Benyi, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, Edward C. Voss, Deputy Public Defender, Phoenix, for appellant.


OPINION

OGG, Judge.

Here we must determine if the trial court erred in ordering the defendant, as a term of probation in this burglary case, to make restitution for a loss incurred in a prior burglary committed by the defendant.

The appellant/defendant Calvin Cummings entered a plea of guilty to burglarizing his former employer on April 4, 1977. He was caught in the act and there was no loss to the victim. Approximately three weeks earlier in March...

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