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STATE v. MITCHELL

No. 2 CA-CR 3078.

138 Ariz. 478 (1983)

675 P.2d 738

The STATE of Arizona, Appellee, v. Thomas Armendarez MITCHELL, Appellant.

Court of Appeals of Arizona, Division 2.

Review Denied January 24, 1984.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Gary A. Fadell, Asst. Attys. Gen., Phoenix, for appellee.

K.C. Stanford, Tucson, for appellant.

OPINION

HOWARD, Chief Judge.

Thomas Mitchell was convicted of one count of burglary in the second degree, a class 3 felony, and one count of possession of burglary tools, a class 6 felony, with two prior felony convictions.

The facts are as follows. Mrs. Rosemary Martinez was awakened in the early morning hours of July 9, 1982, when she saw a man's face through her bedroom window. She awakened her husband who went to the kitchen window and saw the...

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