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STATE v. DALE

No. 3413-PR.

113 Ariz. 212 (1976)

550 P.2d 83

STATE of Arizona, Appellee, v. David Wayne DALE, Appellant.

Supreme Court of Arizona, En Banc.

May 17, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., Phoenix by John S. O'Dowd, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Charles L. Weninger, Asst. Public Defender, Tucson, for appellant.

HAYS, Justice.

The appellant, David Wayne Dale, was convicted on January 24, 1975, of two counts of rape, first degree; and one count of kidnapping with the intent to commit rape, lewd and lascivious acts, and sodomy. This court granted appellant's petition for review. The opinion of the Court of Appeals is Vacated. State v. Dale, 25 Ariz.App. 417, 544 P.2d 241 (1975).

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