STATE v. SMITH

No. 1 CA-CR 94-0283-PR.

183 Ariz. 424 (1995)

904 P.2d 1248

STATE of Arizona, Respondent, v. Herbert Allen SMITH, Petitioner.

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

Review Granted October 24, 1995.


Attorney(s) appearing for the Case

Charles R. Hastings, Yavapai County Atty., Prescott, for respondent.

Herbert Allen Smith, Perryville, in pro. per.


OPINION

VOSS, Judge.

Defendant Herbert Allen Smith pled guilty to theft, a class 3 felony. He was sentenced to an aggravated term of ten years imprisonment and was ordered to pay $1,833.01 restitution.

Defendant filed a Petition for Post-Conviction Relief pursuant to Rule 32, Arizona Rules of Criminal Procedure, in which he claimed the sentence imposed in his case was cruel and unusual punishment in violation of the Eighth Amendment of the United...

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