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STATE v. FIERRO

No. 2249.

107 Ariz. 479 (1971)

489 P.2d 713

The STATE of Arizona, Appellee, v. Robert Allen FIERRO, Appellant.

Supreme Court of Arizona, In Division.

October 6, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon and John S. O'Dowd, Asst. Attys. Gen., Phoenix, for appellee.

Howard A. Kashman, Pima County Public Defender by Eleanor Schnorr, Deputy Public Defender, Tucson, for appellant.

CAMERON, Justice.

Robert Fierro appeals from a verdict and judgment of guilt to rape and a sentence of not less than 20 nor more than 30 years.

The defendant's appeal raises the following questions:

1. While defendant was in jail for lack of bail on an attempted burglary charge, was it a denial of equal protection to force him to attend lineups for the rape? 2. Was the in-court identification tainted by the allegedly illegal lineup?

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