STATE v. WHITE

No. 2 CA-CR 1033.

118 Ariz. 279 (1978)

576 P.2d 138

The STATE of Arizona, Appellee, v. Cedric WHITE, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearings Denied March 1, 1978.

Reviews Denied March 14, 1978.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Barbara E. Fisher, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Daniel I. Ziskin, Asst. Public Defender, Tucson, for appellant.


OPINION

HATHAWAY, Judge.

Appellant was found guilty by a jury of grand theft with a prior conviction and was sentenced to serve ten to twelve years in the Arizona State Prison. Four points are raised in this appeal.

1. He claims the trial court erred by granting the state's motion to allege a prior conviction since it was filed 19 days before the date set for trial in violation of Rule 16.1(b), Arizona Rules of Criminal Procedure, 17 A.R.S. The case...

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