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STATE v. GILBERT

No. 4163.

119 Ariz. 384 (1978)

581 P.2d 229

The STATE of Arizona, Appellee, v. Leon Mark GILBERT, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied July 18, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Former Atty. Gen., John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III and R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Chief Justice.

Defendant Leon Mark Gilbert appeals from the jury determination, after a verdict of guilt to the crime of armed robbery, A.R.S. §§ 13-641 and 643, that he also had been previously convicted of two felonies. We have jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, 17A A.R.S.

We must answer two questions on appeal:

1. Was it error to allow the same jury that had found defendant guilty of armed robbery...

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