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STATE v. BACA

No. 1 CA-CR 95-0718.

187 Ariz. 61 (1996)

926 P.2d 528

STATE of Arizona, Appellee, v. Stephen Sabin BACA, Appellant.

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

October 29, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Crane McClennen, Assistant Attorney General, Phoenix, for Appellee.

Myrna J. Parker, Navajo County Public Defender, Holbrook, for Appellant.

OPINION

SULT, Judge.

Stephen Sabin Baca ("defendant") appeals from a trial court order denying his Rule 24.3 motion to modify sentence. See Ariz. R.Crim. P. 24.3. We dismiss defendant's appeal because we find that in defendant's circumstances, a direct appeal of a denial of a Rule 24.3 motion is precluded by Arizona Revised Statutes Annotated ("A.R.S.") section 13-4033(B) (Supp. 1995).

FACTUAL AND PROCEDURAL HISTORY

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