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STATE v. SMITH

No. 3217.

112 Ariz. 208 (1975)

540 P.2d 680

STATE of Arizona, Appellee, v. Arlen Porter SMITH, Appellant.

Supreme Court of Arizona, En Banc.

October 1, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and Teresa S. Thayer, Asst. Attys. Gen., Phoenix, for appellee.

Warren G. Levenbaum, Phoenix, for appellant.

HAYS, Justice:

Arlen Porter Smith, hereinafter the defendant, pled guilty to first degree burglary. He was sentenced to serve from three to five years in the Arizona State Prison and now appeals. This court has jurisdiction of the case pursuant to Rule 47(e)(5), Rules of the Supreme Court.

Smith was not sentenced until 36 days after the determination of guilt. He urges this as a ground for resentencing. Rule 26.3, 1973 Rules of Criminal Procedure, provides...

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