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STATE v. SMITH

Nos. 2CA-CR97-0130, 2CA-CR98-0346-PR.

4 P.3d 388 (1999)

197 Ariz. 333

The STATE of Arizona, Appellee/Respondent, v. Andre Scott SMITH, Appellant/Petitioner.

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

Review Denied May 23, 2000.

Attorney(s) appearing for the Case

Janet Napolitano, Arizona Attorney General Tucson By Paul J. McMurdie and Diane M. Acosta, for Appellee/Respondent.

Timothy B. Dickerson, P.C. By Timothy B. Dickerson, Sierra Vista, for Appellant/Petitioner.

DRUKE, Judge.

¶ 1 Appellant Andre Smith and his companions attacked and severely beat two men in a park in Sierra Vista, Arizona. An eight-person jury found Smith guilty of two counts of aggravated assault with a deadly weapon or dangerous instrument, and the trial court sentenced him to concurrent, presumptive, 7.5-year prison terms. After Smith filed a notice of appeal from his convictions and sentences, he sought post-conviction relief pursuant to Rule 32...

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