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STATE v. WALTON

No. 1 CA-CR 5130.

133 Ariz. 282 (1982)

650 P.2d 1264

STATE of Arizona, Appellee, v. Thomas Bennett WALTON, Appellant.

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

Rehearing Denied August 6, 1982.

Review Denied September 14, 1982.

Attorney(s) appearing for the Case

Robert K. Corbin, Arizona Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., and Robert S. Golden, Asst. Attys. Gen., Phoenix, for appellee.

Aspey, Watkins & Diesel by Frederick M. Aspey, Flagstaff, for appellant.

OPINION

OGG, Presiding Judge.

The defendant was convicted of second degree murder while armed, in violation of A.R.S. §§ 13-1104 and 13-604(G), following a trial by jury. He was committed to the Department of Corrections to serve a presumptive term of 10 1/2 years, with credit for 162 days of presentence incarceration. He raises seven issues on appeal:

1. Whether the trial court erred in denying his motion for a new determination of probable...

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