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STATE v. BARRETT

No. 1 CA-CR 5004.

132 Ariz. 106 (1981)

644 P.2d 260

STATE of Arizona, Appellant, v. Robert E. BARRETT, Appellee.

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

Review Granted December 22, 1981.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by Herbert Williams, Deputy County Atty., Phoenix, for appellant.

Ross P. Lee, Maricopa County Public Defender by John Foreman, Deputy Public Defender, Phoenix, for appellee.

OPINION

OGG, Judge.

Appellant, the State of Arizona, filed this appeal alleging that the sentence imposed on appellee/defendant was improper pursuant to the provisions of A.R.S. § 13-604. We agree and remand this case for resentencing.

Defendant was charged with the offenses of first degree murder and conspiracy to commit first degree murder. Following a trial by jury, he was convicted of second degree murder and conspiracy to commit second degree...

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