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STATE v. BARRETT

No. 5460-PR.

132 Ariz. 88 (1982)

644 P.2d 242

STATE of Arizona, Appellant, v. Robert E. BARRETT, Appellee.

Supreme Court of Arizona, In Banc.

April 16, 1982.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty., Herbert Williams Deputy County Atty., Phoenix, for appellant.

Ross P. Lee, Maricopa County Public Defender, John Foreman, Deputy Public Defender, Phoenix, for appellee.

GORDON, Vice Chief Justice:

Robert E. Barrett filed a petition asking that we review a decision of the Court of Appeals. We accepted review pursuant to Ariz.R.Crim.App.P. 31.19, and we approve and modify the opinion of the Court of Appeals and order the matter remanded to the trial court for resentencing.

The facts giving rise to petitioner's conviction are set out by the Court of Appeals in State v. Barrett, 132 Ariz. 106

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