STATE v. EMANUEL

No. 1 CA-CR 12338.

159 Ariz. 464 (1989)

768 P.2d 196

STATE of Arizona, Appellee, v. Phyllis Diane EMANUEL, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

January 19, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div. and Vicki Gotkin Adler, Asst. Atty. Gen., Phoenix, for appellee.

Roberson & Shelley by Jerrold F. Shelley, Yuma, for appellant.


OPINION

EUBANK, Judge.

Where a trial judge personally investigates a defendant's background, ex parte, prior to sentencing, must he recuse himself from sentencing? We hold that he must.

This is an appeal by appellant from the judgment of conviction and her presumptive sentence to a term of imprisonment for five years imposed for one count of theft, a class 3 felony, in violation of A.R.S. §§ 13-1801, 13-1802.

Appellant was...

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