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STATE v. SUSTAITA

No. 4092-PR.

119 Ariz. 583 (1978)

583 P.2d 239

The STATE of Arizona, Appellee, v. Paul Montez SUSTAITA and Paul R. Gonzales, Appellants.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 7, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III, Cleon M. Duke, Asst. Attys. Gen., Phoenix, and Philip G. Urry, Asst. Atty. Gen., Tucson, for appellee.

Harley Kurlander, Tucson, for appellant Sustaita.

Frederick S. Klein, Tucson, for appellant Gonzales.

CAMERON, Chief Justice.

We granted petitions for review (Rule 31.19, Rules of Criminal Procedure, 17 A.R.S.) of the decisions and opinion of the Court of Appeals in two consolidated cases which affirmed as to the defendant Paul Montez Sustaita and reversed as to the defendant Paul Rodriguez Gonzales.

Defendant Sustaita appealed from a verdict and judgment of guilt to the crime of assault with intent to commit sodomy, A.R.S. § 13-252, and sodomy, A.R.S...

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