No. 4530.

122 Ariz. 539 (1979)

596 P.2d 374

STATE of Arizona, Appellee, v. Neil Kevin COOK, Appellant.

Supreme Court of Arizona, In Banc.

June 1, 1979.

Attorney(s) appearing for the Case

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

Ross P. Lee, Maricopa County Public Defender by Garth V. Smith, Deputy Public Defender, Phoenix, for appellant.

STRUCKMEYER, Vice Chief Justice.

Neil Kevin Cook was found guilty by a jury of first degree burglary and grand theft and sentenced to concurrent terms of not less than one nor more than four years in the Arizona State Prison. Jurisdiction was accepted pursuant to 17A, Rules of the Supreme Court, Rule 47(e)(5). Judgments affirmed.

On the morning of February 10, 1978, at approximately 4:00 a.m., Mr. and Mrs. Roger Roth were awakened by the sound of the opening...

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