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State V. Newman

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eBook details

  • Title: State V. Newman
  • Author : Arizona Supreme Court
  • Release Date : January 20, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Upon their arrests, each of the three appellants was charged with ten counts: Count I, second degree escape; Count II, dangerous or deadly assault by a prisoner; Count III, aggravated assault; Count IV, kidnapping; Count V, second degree burglary; Count VI, armed robbery; Count VII, theft of property (cash, groceries, and the weapons) valued between $500 and $1000; Count VIII, theft of property (the vehicle) valued more than $1000; Count IX, conspiracy to commit kidnapping and theft; and Count X, promoting prison contraband. Prior to trial, each appellant pled guilty to the escape count (Count I). After the state's presentation of evidence, the trial court granted a directed verdict on the promoting prison contraband count (Count X). The remaining eight counts were submitted to the jury. The jury returned guilty verdicts on Counts II, III, IV, V, VI, VII, and IX. On Count VIII, each defendant was found guilty of the lesser included offense of unlawful use of a means of transportation. Each appellant was sentenced as follows: Count I (escape), six years consecutive to the sentences then being served; Count II (dangerous or deadly assault by a prisoner), life imprisonment consecutive to the sentences then being served; Count III (aggravated assault), twenty years concurrent to the escape and deadly assault sentences; Count IV (kidnapping), twenty years consecutive to the escape and deadly assault sentences; Count V (burglary), twenty years concurrent to the escape and deadly assault sentences; Count VI (armed robbery), twenty-eight years consecutive to the escape, deadly assault, and kidnapping sentences; Count VII (theft of property valued between $500 and $1000), twelve years concurrent to the escape and deadly assault sentences; Count VIII (unlawful use of transportation), four and one-half years concurrent with the escape and deadly assault sentences; and Count IX (conspiracy), twenty-eight years consecutive to all other sentences. Each of the appellants filed timely notice of appeal from the judgments of guilt and the sentences imposed. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and A.R.S. § 13-4031.


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