Nos. 1 CA-CR 4303, 1 CA-CR 4392.

125 Ariz. 593 (1980)

611 P.2d 946

STATE of Arizona, Appellee, v. James Harold MONICK, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied May 8, 1980.

Review Denied May 28, 1980.

Attorney(s) appearing for the Case

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

Ross P. Lee, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for appellant.


OGG, Chief Judge:

On June 21, 1979, appellant Monick pled guilty to one count of third degree burglary, a class 5 felony, and one count of theft, a class 3 felony, arising out of a burglary of Montgomery Ward's department store. In exchange for the plea, the state agreed to dismiss a third count of criminal damage and an unrelated charge of theft of a motorcycle.1

Because of appellant's youth (he was 21 years old...

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