STATE v. AVILA

No. 5008-PR.

127 Ariz. 21 (1980)

617 P.2d 1137

STATE of Arizona, Appellee, v. Mario AVILA, Appellant.

Supreme Court of Arizona, En Banc.

September 17, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Joel M. Glynn, Deputy Public Defender, Phoenix, for appellant.


HAYS, Justice.

Defendant-appellant, Mario Avila, was charged with child-molestation in violation of A.R.S. § 13-653 (Supp. 1978) of our pre-revision Criminal Code. At a September 1, 1978 preliminary hearing, probable cause to prosecute was found to exist and appellant was ordered to answer the allegations before the Superior Court. On February 28, 1979, appellant executed a "Waiver of Trial By Jury" and agreed to submit the determination of guilt or innocence...

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