No. 2 CA-CR 1584.

122 Ariz. 193 (1979)

593 P.2d 943

The STATE of Arizona, Appellee, v. Paul Valles CATALAN, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 4, 1979.

Review Denied April 24, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., Phoenix, by William J. Schafer, III, Asst. Atty. Gen., Phoenix, and Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Carmine A. Brogna, Tucson, for appellant.


HOWARD, Judge.

Prior to the effective date of Arizona's new Criminal Code, October 1, 1978, could the trial court place a defendant on probation if he is already serving a term in the Arizona State Prison for another offense?1 That is the issue to be determined here.

The record shows that on March 6, 1975 the Honorable Mary Anne Richey, Judge of the Pima County Superior Court, sentenced appellant to the Arizona...

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