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STATE v. SMITH

Nos. 2 CA-CR 89-0607, 2 CA-CR 89-0608.

166 Ariz. 118 (1990)

800 P.2d 984

The STATE of Arizona, Appellee, v. Gregory Lee SMITH, Appellant.

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

Reconsideration Denied November 1, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, The Atty. Gen. by Jessica Gifford Funkhouser and Dennis Staffelbach, Phoenix, for appellee.

Susan A. Kettlewell, Pima County Public Defender by Frank P. Leto, Tucson, for appellant.

OPINION

ROLL, Presiding Judge.

Gregory Lee Smith appeals from convictions for two counts of theft over $100, both designated class 6 felonies. For the reasons set forth below, we vacate the felony designation entered in CR-18694 and dismiss Smith's appeal in CR-18757.

PROCEDURAL BACKGROUND

Smith was charged with theft by misrepresentation, a class 4 felony, in CR-18694, and theft by control, a class 5 felony, in CR-18757. Pursuant to a plea...

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