No. 4417-PR.

122 Ariz. 453 (1979)

595 P.2d 998

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

Supreme Court of Arizona, In Banc.

Rehearing Denied June 12, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., John A. LaSota, Jr., Former Atty. Gen., William J. Schafer III, Chief Counsel, Criminal Division, Gregory A. McCarthy, Asst. Atty. Gen., Phoenix, for appellee.

Frank P. Leto, Tucson, for appellant.

GORDON, Justice:

The State of Arizona petitions this Court to review the Court of Appeals' decision in State v. Porter, 122 Ariz. 458, 595 P.2d 1003 (App. 1978). Taking jurisdiction pursuant to 17A A.R.S., Rules of the Supreme Court, rule 47(b), we vacate the opinion of the Court of Appeals.

Bruce Duane Porter, hereinafter referred to as the defendant was indicted for the crimes of...

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