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STATE v. BLY

No. 4262.

120 Ariz. 410 (1978)

586 P.2d 971

The STATE of Arizona, Appellee, v. Kenneth Malcolm BLY, Jr., Appellant.

Supreme Court of Arizona, In Banc.

October 17, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III, and Robert S. Golden, Asst. Attys. Gen., Phoenix, for appellee.

John C. Stallings, Prescott, for appellant.

CAMERON, Chief Justice.

This is an appeal from a revocation of probation in absentia and a sentence of two to three years in the Arizona State Prison.

We must answer two questions on appeal:

1. Was the probation of the defendant properly revoked? 2. Was the defendant properly sentenced?

The facts necessary for a determination of this matter are as follows. On 17 February 1976, the defendant Kenneth Malcolm Bly, Jr., pursuant to...

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