STATE v. VARGAS

No. 4425.

127 Ariz. 59 (1980)

618 P.2d 229

STATE of Arizona, Appellee, v. Ruben VARGAS, Jr., Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 21, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., William J. Schafer, III, Chief Counsel, Criminal Division, Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, David Brauer, Deputy Public Defender, Phoenix, for appellant.


GORDON, Justice:

Defendant Ruben Vargas appeals from his convictions of first-degree murder and first degree burglary and from the sentences imposed. Taking jurisdiction pursuant to A.R.S. § 13-4031, we reverse.

On the evening of April 8, 1978, defendant was in a car driven by Ralph Hernandez. Also present were Danny Garcia and Manuel Thomas Lujan. The four young men had been drinking beer and malt liquor since late in the afternoon and had been riding...

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