State v. Starks

HATHAWAY, Chief Judge.

This is an appeal from a plea of guilty and a sentence of 4 to S years to the crime of petty theft with a prior conviction.

The facts are as follows. On June 29, 1972, the Tucson Police Department responded to a call from a Circle K food market. Upon arrival the officers were approached by the manager, Mr. Lome Niece, who stated that the defendant had taken a $.70 bottle of wine and had attempted to leave the store without paying for the wine. When Mr. Niece confronted the defendant, a scuffle ensued and the defendant was handcuffed and placed in a storage room. Defendant…