State v. Mitchell

McFARLAND, Justice:

Thomas Armendarez Mitchell, Jr., hereinafter referred to as defendant, was tried and convicted on Count I — attempted kidnapping “while armed with a gun” and Count II — assault with a “deadly weapon or instrument, to wit: a gun” — and was sentenced to a term of not less than ten years nor more than fifteen years in the Arizona State Prison, both counts to run concurrently. From his conviction and sentence he appeals.

Defendant entered a plea of not guilty and not guilty by reason of insanity to both counts. It was alleged that the acts were committed on November 14, 1968,…