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Legal Opinion

State v. Birdsall

Arizona Supreme Court

Decided July 15, 1977No. 13089-PRPublishedCited by 26 opinions

1Opinion of the Court

HAYS, Justice.

We have this matter before us on a petition for review after the Arizona Court of Appeals issued an opinion affirming the acts of the trial judge below. The Court of Appeals opinion is vacated.

The real party in interest, Casimiro Herrera, was indicted by a grand jury in Pima County for first degree burglary. Attached to the indictment and signed by a deputy county attorney (see 17 A.R.S. Rules of Criminal Procedure, rule 13.1(a) infra )was an allegation of a prior conviction.

After a trial to the court, Herrera was found guilty of the burglary. After the finding, defense counsel…

2Cases cited4 opinions

  1. Valdez v. State of ArizonaArizona Supreme Court · 1937
  2. Wales v. Tax CommissionArizona Supreme Court · 1966
  3. State Ex Rel. Berger v. MyersArizona Supreme Court · 1972
  4. State v. AllenArizona Supreme Court · 1974

3Cited by26 opinions

  1. State v. WilliamsArizona Supreme Court · 1985
  2. State v. HaddCourt of Appeals of Arizona · 1980
  3. State v. BarrettArizona Supreme Court · 1982
  4. State v. WaggonerArizona Supreme Court · 1985
  5. State v. KellyArizona Supreme Court · 1979

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