STATE v. FAYLE

No. 1 CA-CR 3744.

134 Ariz. 565 (1982)

658 P.2d 218

STATE of Arizona, Appellee, v. Edward G. FAYLE, Appellant.

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

Rehearing Denied December 17, 1982.

Review Denied January 25, 1983.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, Gerald R. Grant, Asst. Attys. Gen., Phoenix, and Stephen D. Neely, Pima County Atty. by John M. Roll, Deputy County Atty., Tucson, for appellee.

Kemper & Henze by James Hamilton Kemper, Phoenix, for appellant.


OPINION

JACOBSON, Presiding Judge.

The unique facts in this appeal present the question of whether the defendant was competent to waive counsel and if so, whether the trial court improperly limited the presentation of "advisory" counsel.

The objective facts surrounding the crime of the defendant, Edward G. Fayle, are simple and straightforward. On July 27, 1972, the defendant went to the office of a Phoenix physician, Dr. Ernest W. Smith, according...

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