State v. Swingle

LOCKWOOD, Justice:

On August 30, 1960, Russel Swingle, after a jury trial, was sentenced on three counts of rape to three terms of ten to fifteen years imprisonment. Counts one and two were to run concurrently and count three was to run consecutively with counts one and two. Swingle, hereinafter referred to as the appellant, did not appeal within the sixty days required by 17 A.R.S. Arizona Rules of Criminal Procedure, Rule 348. On November 2, 1965, appellant’s motion for delayed appeal was denied by the Arizona Supreme Court. On December 13, 1971, the appellant filed a motion to vacate in the…