State v. Kelly

OPINION

HOWARD, Presiding Judge.

The defendant, Christopher Gene Kelly, was convicted by a jury of criminal tres pass, a class 6 felony, aggravated assault, a class 3 felony, and robbery, a class 4 felony. He was sentenced to concurrent terms ranging from 1.5 years to 7.5 years’ imprisonment and was ordered to make restitution to the victim in the amount of $3,700.

The record discloses the following facts. During the day on November 25, 1984, defendant made plans with the victim’s daughter to run away to Nogales together. The victim’s daughter, however, had a change of heart and telephoned the…