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STATE v. MITCHELL

Nos. 2 CA-CR 2774, 2 CA-CR 2979-2.

140 Ariz. 551 (1984)

683 P.2d 750

The STATE of Arizona, Appellee, v. Gary Arland MITCHELL, Appellant.

Court of Appeals of Arizona, Division 2.

On Motion for Reconsideration March 13, 1984.

Review Denied June 5, 1984.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Frederic J. Dardis, Pima County Public Defender by Frank P. Leto, Asst. Public Defender, Tucson, for appellant.

OPINION

HOWARD, Judge.

Appellant was indicted on three counts of sexual assault in violation of A.R.S. § 13-1406 and one count of attempted sexual assault in violation of A.R.S. §§ 13-1001 and 13-1406. All of the counts involved different victims and allegations of prior conviction were filed for enhancement purposes pursuant to A.R.S. § 13-604. Count three, attempted sexual assault, was later dismissed by the state and appellant was tried...

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