No. 2 CA-CR 1285.

122 Ariz. 458 (1978)

595 P.2d 1003

The STATE of Arizona, Appellee, v. Bruce Duane PORTER, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 11, 1978.

Review Granted October 5, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer III and Gregory A. McCarthy, Asst. Attys. Gen., Phoenix, for appellee.

Frank P. Leto, Tucson, for appellant.


HOWARD, Judge.

The determinative issue in this case is whether the court committed fundamental error when it failed to instruct the jury on the issue of the voluntariness of appellant's confession.

Appellant was convicted by a jury of robbery while armed with a gun and kidnapping for armed robbery. He was sentenced to concurrent prison terms of not less than five nor more than 30 years and not less than 20 nor more than 21 years, respectively...

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