No. 5232.

130 Ariz. 291 (1981)

635 P.2d 1213

STATE of Arizona, Appellee, v. Kenneth Robert FRANKLIN and Leonard George Malatare, Appellants.

Supreme Court of Arizona, En Banc.

October 22, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, and Michael D. Jones, Asst. Attys. Gen., Phoenix, for appellee.

Jose A. De La Vara, Yuma, for appellants.

HAYS, Justice.

Appellants, Kenneth Robert Franklin and Leonard George Malatare, were charged with and indicted for the crime of armed robbery, A.R.S. § 13-1904. After a trial by jury, Malatare was found guilty of theft and was sentenced to three months in the Yuma County Jail. Franklin was found guilty of robbery and received a three-year suspended sentence. As a condition of probation, Franklin was required to serve a period of seven months in the Yuma County...

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