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STATE v. SMITH

No. 6027-PR.

140 Ariz. 355 (1984)

681 P.2d 1374

STATE of Arizona, Appellee, v. Joe U. SMITH, Appellant.

Supreme Court of Arizona, In Banc.

Reconsideration Denied May 8, 1984.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, and Georgia B. Ellexson, Asst. Attys. Gen., Phoenix, for appellee.

William C. Porter, Kingman, for appellant.

Frederic Dardis, Pima County Public Defender by Lawrence H. Fleischman, Deputy Public Defender, Tucson, on brief of amicus curiae Pima County Public Defender.

William J. Ekstrom, Jr., Kingman, on brief of amicus curiae Mohave County.

Davis, Siegel & Gugino by Michael L. Piccarreta, Phoenix, on brief of amicus curiae State Bar of Ariz.

Ross P. Lee, Maricopa County Public Defender by Bedford Douglass, Deputy Public Defender, Phoenix, on brief of amicus curiae Maricopa County Public Defender.

Malcolm C. Young, Washington, D.C., on brief of amicus curiae Nat. Legal Aid and Defender Ass'n.

CAMERON, Justice.

The defendant, Joe U. Smith, was convicted and judged guilty of burglary, A.R.S. § 13-1507, sexual assault, A.R.S. § 13-1406, and aggravated assault, A.R.S. §§ 13-1203 and 13-1204. He was sentenced to a term of fifteen years for the burglary to run consecutively with concurrent sentences of three years for the aggravated assault and twenty-one years for the sexual assault. The Court of Appeals affirmed in a memorandum decision...

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