STATE v. KELLY

No. 1 CA-CR 2658-PR.

118 Ariz. 413 (1978)

577 P.2d 264

STATE of Arizona, Petitioner, v. Christopher E. KELLY, Respondent.

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

Rehearing Denied March 24, 1978.

Review Denied April 18, 1978.


Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty., by John C. Lincoln, Deputy County Atty., Phoenix, for petitioner.

Thinnes & Rawles by Thomas A. Thinnes, Phoenix, for respondent.


OPINION

EUBANK, Presiding Judge.

Respondent, Christopher E. Kelly, was convicted of one count of assault with a deadly weapon, and was sentenced on January 28, 1976, to an eight to twelve year term in prison. On May 11, 1976, respondent filed a petition for post-conviction relief alleging, among other things, the existence of newly discovered material evidence, and the failure of the prosecutor to disclose this evidence prior to trial. This newly discovered...

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