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STATE v. BROWN

No. 1 CA-CR 3721-PR.

123 Ariz. 406 (1979)

599 P.2d 859

STATE of Arizona, Respondent, v. George Russell BROWN, Petitioner.

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

Rehearing Denied August 28, 1979.

Review Denied September 18, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Arizona Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division and Charles F. Hyder, Maricopa County Atty. by David A. Bash, Deputy County Atty., Phoenix, for respondent.

Ross P. Lee, Maricopa County Public Defender by Anne Kappes, Deputy Public Defender, Phoenix, for petitioner-defendant.

George Russell Brown, in pro per.

OPINION

DONOFRIO, Judge.

The petitioner George Russell Brown was convicted of two counts of second degree murder in 1969 and was sentenced to concurrent prison terms of 50 to 60 years on each count. On August 24, 1979 he filed a "motion for modification of sentence" based on the present Criminal Code, which became effective October 1, 1978, and asserted that he was entitled "to the beneficial provisions" of the new Code. Thus, he prayed for an order modifying...

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