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STATE v. SMITH

No. 2 CA-CR 1441-2.

121 Ariz. 106 (1978)

588 P.2d 848

The STATE of Arizona, Appellee, v. Cloviel SMITH, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 22, 1978.

Review Denied December 12, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III, and R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

David T. Hardy, Tucson, for appellant.

OPINION

HOWARD, Judge.

Appellant was convicted of violation of A.R.S. Sec. 13-320.01 which provides:

"Any person who, pursuant to a scheme or artifice to defraud, knowingly and intentionally obtains or attempts to obtain money ... by means of false or fraudulent pretenses, representations or promises is guilty of a felony ..."

He contends that the elements of the crime were not explained to him prior to his guilty plea and there was no evidence...

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