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STATE v. CANADAY

No. 3912.

116 Ariz. 296 (1977)

569 P.2d 238

STATE of Arizona, Appellee, v. Clyde M. CANADAY, Appellant.

Supreme Court of Arizona, En Banc.

September 15, 1977.

Attorney(s) appearing for the Case

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

Allen A. Haggard, Phoenix, for appellant.

HAYS, Justice.

Clyde M. Canaday, appellant herein, pled no contest to one count of burglary and one count of grand theft, pursuant to a plea agreement filed with the Maricopa County Superior Court on November 6, 1974. His appeal is before this court pursuant to rule 47(e)(5) of 17A A.R.S. Supreme Court Rules.

The first issue raised by appellant is that the trial court erred in failing to dismiss, sua sponte, the charges against him for failure of the...

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