STATE v. ARNOLD

No. 1 CA-CR 1479.

26 Ariz. App. 542 (1976)

549 P.2d 1060

STATE of Arizona, Appellee, v. Ray Earl ARNOLD, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied June 8, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Frank T. Galati, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Rudy J. Gerber, Deputy Public Defender, Phoenix, for appellant.


OPINION

EUBANK, Presiding Judge.

After a trial by jury, appellant was convicted of armed robbery and sentenced to not less than eight nor more than 13 years in the state prison. On appeal, he raises two issues: whether out-of-court identification procedures were unduly suggestive and tainted the subsequent in-court identification, and whether there was sufficient evidence to convict appellant.

On April 21, 1975, a man came onto Mr. G. Swing's property...

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