STATE v. ROBERTS

No. 4898.

126 Ariz. 92 (1980)

612 P.2d 1055

STATE of Arizona, Appellee, v. Lester Eugene ROBERTS, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 24, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., William J. Schafer, III, Chief Counsel, Criminal Division, Barbara A. Jarrett, Asst. Attys. Gen., Phoenix, for appellee.

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


GORDON, Justice:

This appeal by defendant Lester Eugene Roberts challenges a conviction and sentence of seven years probation for one count of child molestation. Jurisdiction is established by 17A A.R.S., Rules of Supreme Court, Rule 47(e)(5). We reverse.

The victim of the crime was a seven year old emotionally and physically retarded girl. According to testimony, her mental development was that of a three to seven month old baby. She could not walk or talk...

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