STATE v. ROSE

No. 4393.

121 Ariz. 131 (1978)

589 P.2d 5

STATE of Arizona, Appellee, v. Thomas Laverne ROSE, a/k/a Thomas Lawrence Rose, Appellant.

Supreme Court of Arizona, In Banc.

December 22, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., William J. Schafer, III, Chief Counsel, Criminal Division, Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

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

Thomas L. Rose, in pro per.


GORDON, Justice:

Appellant Thomas Laverne Rose, hereinafter referred to as defendant, appeals his conviction for kidnapping and burglary in violation of A.R.S. §§ 13-491 D, 13-301 and 13-302. Taking jurisdiction pursuant to 17A A.R.S., Supreme Court Rules, rule 47(e)5, we affirm the kidnapping conviction and reverse the burglary conviction, remanding for a new trial.

In the early morning hours of December 31, 1976 the home of John and Donna Cullin...

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