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RINEER v. LEONARDO

No. CV-98-0369-SA.

977 P.2d 767 (1999)

194 Ariz. 45

Barry Lee RINEER, Petitioner, v. Hon. John S. LEONARDO, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, The State of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

March 24, 1999.

Attorney(s) appearing for the Case

Susan A. Kettlewell, Pima County Public Defender, by William J. Kirchner, Harold L. Higgins, Tucson, Attorneys for Petitioner.

Barbara E. LaWall, Pima County Attorney, by Kathleen A. Mayer, Karl A. Fazio, Jonathan Bass, Tucson, Attorneys for Real Party in Interest.

Kimerer & LaVelle, P.L.C., by Michael D. Kimerer, Lori L. Voepel, Phoenix, Attorneys for Amicus Curiae Arizona Civil Liberties Union.

OPINION

ZLAKET, Chief Justice.

¶ 1 In 1973, Barry Lee Rineer entered a guilty plea to a rape charge brought pursuant to former A.R.S. § 13-611. His victim was a minor. He served a prison sentence and was released in 1979. The following year, Rineer was convicted of aggravated assault for pointing a gun at another. He also pleaded guilty to armed robbery arising out of a separate incident. Neither offense was of a sexual nature. He received consecutive...

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