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STATE v. COKER

No. 2 CA-CR 89-0078, 2 CA-CR 90-0196-PR.

169 Ariz. 2 (1991)

816 P.2d 261

The STATE of Arizona, Appellee/Cross-Appellant/Respondent, v. Larry Allen COKER, Appellant/Cross-Appellee/Petitioner.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 12, 1991.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Eric J. Olsson, Tucson, for appellee/cross-appellant/respondent.

D. Jesse Smith, Tucson, for appellant/cross-appellee/petitioner.

OPINION

LIVERMORE, Presiding Judge.

Leslie and defendant Larry Coker are identical twins. They were involved in the sale of fork lift trucks to which they did not have title. Defendant was charged and convicted of one count of obtaining money by fraud in violation of A.R.S. § 13-2310 and sentenced to a presumptive term of imprisonment of 15.75 years. His defense, presented through an eyewitness, his brother's girlfriend, was that he did not know that...

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