State v. Smith

HAYS, Justice.

The appellant, Joseph Clarence Smith, Jr., was tried and convicted by a jury on August 9, 1976, of the crime of rape, first degree.

Appellant had previously been convicted on two separate counts of rape, first degree, on December 4, 1973. For the two prior rape convictions, appellant was given five years probation; a condition of the probation was that the appellant serve one year in the Maricopa County Jail. This condition was subsequently modified, and appellant was released from the Maricopa County Jail after serving only six months.

After the conviction on the most recent rape…