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STATE v. BROWN

No. 3166-PR.

112 Ariz. 29 (1975)

536 P.2d 1047

The STATE of Arizona, Appellee, v. John Henry BROWN, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied July 14, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Cleon M. Duke, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Chief Justice.

We granted this petition for review for the sole purpose of resolving an apparent conflict in the Rules of Criminal Procedure 1973, 17 A.R.S., and particularly the Comments thereto, with respect to the appellate remedy available to a defendant whose probation has been revoked pursuant to Rule 27 of said rules. The limited facts necessary for a determination of this matter are as follows. Defendant, after hearing pursuant to Rule 27, had his...

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