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STATE v. TREADAWAY

No. 3116.

116 Ariz. 163 (1977)

568 P.2d 1061

STATE of Arizona, Appellee, v. Jonathan Charles TREADAWAY, Jr., Appellant.

Supreme Court of Arizona, In Banc.

July 11, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., William J. Schafer, III, Chief Counsel, Crim. Div., Stanley L. Patchell, John Pressley Todd, Asst. Attys. Gen., Grove M. Callison, former Asst. Atty. Gen., Phoenix, for appellee.

Lewis & Roca by John P. Frank, Mary M. Schroeder, Flynn, Kimerer, Thinnes, Derrick & Lindholm by John J. Flynn, Clark L. Derrick, Phoenix, for appellant.

GORDON, Justice:

Appellant, Jonathan Charles Treadaway, Jr., was convicted of sodomy in violation of A.R.S. § 13-651 and of first degree murder in violation of A.R.S. §§ 13-451, 13-452, and 13-453. After a sentencing hearing pursuant to A.R.S. § 13-454, appellant was sentenced to death and this appeal followed. We have jurisdiction under A.R.S. § 13-1711. The judgment of the trial court is reversed.

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