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STATE v. ALLEN

No. 5928.

140 Ariz. 412 (1984)

682 P.2d 417

STATE of Arizona, Appellee, v. Rufus Edward ALLEN, Appellant.

Supreme Court of Arizona, En Banc.

May 9, 1984.

Attorney(s) appearing for the Case

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

George M. Sterling, Jr., and John Antieau, Phoenix, for appellant.

HAYS, Justice.

Appellant, Rufus Edward Allen, was tried by jury and convicted of first degree murder. See A.R.S. § 13-1105(A)(1). He was sentenced to life imprisonment without possibility of parole for 25 years. See A.R.S. § 13-703(A). We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3); A.R.S. § 13-4031; and A.R.S. § 13-4035.

The record reveals that on June 8, 1982 the victim assaulted Allen with a gun. Allen...

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