STATE v. MARQUEZ

No. 1 CA-CR 4404.

127 Ariz. 3 (1980)

617 P.2d 787

STATE of Arizona, Appellee, v. Antonio MARQUEZ, Appellant.

Court of Appeals of Arizona, Division 1.

Rehearing Denied September 17, 1980.

Review Denied October 7, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, and David R. Cole, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by John Foreman, Deputy Public Defender, Phoenix, for appellant.


HAIRE, Chief Judge.

Appellant Marquez pled guilty to three counts of sexual conduct with a minor in violation of A.R.S. § 13-1405. He was sentenced to ten years imprisonment on each count, with the sentences to run concurrently as provided in the plea agreement. On appeal, the sentences are attacked on three grounds:

1. The trial court should not have deviated from the presumptive sentence where aggravating circumstances were neither alleged nor proven...

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