State v. Holbert

HAYS, Justice.

James Charles Holbert was charged, by information, with armed burglary, second degree, armed robbery and the theft of a motor vehicle on March 10, 1976. On April 26, 1976, pursuant to a plea agreement, he pled guilty to the first two counts in exchange for dismissal of the third. He was sentenced on May 20, 1976 to not less than forty nor more than sixty years on both counts, to be served concurrently.

From the judgment and sentence Holbert appealed. An Anders 1 brief was filed in his behalf, raising the issue of “double punishment” under A.R.S. § 13-1641. That issue was resolved…