No. 2 CA-CR 2090.

130 Ariz. 64 (1981)

633 P.2d 1057

The STATE of Arizona, Appellee, v. James Asbury EMBREE, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 3, 1981.

Review Denied September 22, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by Allen G. Minker, Asst. Public Defender, Tucson, for appellant.


HATHAWAY, Chief Judge.

Defendant Embree was tried to a jury and convicted of third-degree burglary, A.R.S. Sec. 13-1506. He allegedly burglarized Levy's department store in Tucson on December 17, 1979, by removing a girl's coat valued at $88. Four questions dealing with the trial court's refusal to grant defense instructions are raised on appeal. We find them to be without merit.

First, it is contended that "the trial court committed error...

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