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STATE v. MONTGOMERY

No. 3886.

115 Ariz. 583 (1977)

566 P.2d 1329

The STATE of Arizona, Appellee, v. Donald MONTGOMERY, Appellant.

Supreme Court of Arizona, In Banc.

June 17, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Garth V. Smith, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Chief Justice.

Defendant, on 21 September 1976, pursuant to a written plea agreement whereby a count of attempted grand theft was dismissed, pled guilty to the crime of second degree burglary (A.R.S. §§ 13-301 and 302). Imposition of sentence was suspended for four years on the condition that he serve 11 months in the Maricopa County Jail. In addition to the usual terms and conditions of probation, Condition No. 11 provided that the defendant "Submit...

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