STATE v. POEHNELT

No. 2 CA-CR 2860.

150 Ariz. 136 (1985)

722 P.2d 304

The STATE of Arizona, Appellee, v. Frank William POEHNELT and Barbara Cribbs Howell Poehnelt, Appellants.

Court of Appeals of Arizona, Division 2, Department B.

June 7, 1985.


Attorney(s) appearing for the Case

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

Frederick S. Klein, Davis, Siegel & Gugino by Carla G. Ryan and Michael L. Piccarreta, Tucson, for appellant Barbara Poehnelt.

Larry S. Rosenthal, Tucson, for appellant Frank Poehnelt.


HATHAWAY, Presiding Judge.

Appellants were jointly tried to a jury and convicted of intentional or knowing child abuse under A.R.S. § 13-3623(B)(1) (under circumstances likely to produce death or serious physical injury). At sentencing, the court found neither aggravating nor mitigating circumstances and sentenced both to 10.5 years' imprisonment, the presumptive term for a class 2 felony enhanced because of the dangerous nature. Appellants bring consolidated...

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