State v. Roberts

GORDON, Justice:

This appeal by defendant Lester Eugene Roberts challenges a conviction and sentence of seven years probation for one count of child molestation. Jurisdiction is established by 17A A.R.S., Rules of Supreme Court, Rule 47(e)(5). We reverse.

The victim of the crime was a seven year old emotionally and physically retarded girl. According to testimony, her mental development was that of a three to seven month old baby. She could not walk or talk, had no muscular control, was unable to feed herself, and had to be kept in diapers. In September of 1978, the victim lived in an apartment…