State v. Brown

OPINION

DONOFRIO, Judge.

The petitioner George Russell Brown was convicted of two counts of second degree murder in 1969 and was sentenced to concurrent prison terms of 50 to 60 years on each count. On August 24, 1979 he filed a “motion for modification of sentence” based on the present Criminal Code, which became effective October 1,1978, and asserted that he was entitled “to the beneficial provisions” of the new Code. Thus, he prayed for an order modifying his sentence to a term of seven years imprisonment, the presumptive sentence under present A.R.S. § 13-701 for second degree murder, a…