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STATE v. ARCHER

No. 2 CA-CR 1788.

124 Ariz. 291 (1979)

603 P.2d 918

The STATE of Arizona, Appellee, v. Elton Eugene ARCHER, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 4, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Stephen C. Bergsten, Tucson, for appellant.

OPINION

HATHAWAY, Judge.

Appellant was tried to a jury, found guilty on five of six counts of third-degree burglary on the amended indictment and sentenced to concurrent terms of 2 1/2 years of imprisonment with the Department of Corrections. This appeal questions (1) the propriety of the amendment to Count V of the indictment; (2) permitting the state to reopen after resting and (3) the denial of appellant's renewed motion to sever the counts of the indictment...

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