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STATE v. ORTIZ

No. 1873.

104 Ariz. 493 (1969)

455 P.2d 971

STATE of Arizona, Appellee, v. Roy Vargas ORTIZ, Appellant.

Supreme Court of Arizona. In Division.

Rehearing Denied July 8, 1969.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Sullivan, Alley & Seefeldt, by Ralph E. Seefeldt, Tucson, for appellant.

HAYS, Justice.

Defendant was convicted of first degree burglary with a prior and sentenced to not less than ten nor more than twelve years in the Arizona State Prison, sentence to date from April 18, 1963. While continuously confined in the State Prison he successfully appealed his case, State v. Ortiz, 97 Ariz. 228, 399 P.2d 171 (1965), and was returned to the Pima County Jail to await retrial...

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