State v. Suarez

Decision Date18 December 1963
Docket NumberNo. 1365,1365
Citation387 P.2d 799,95 Ariz. 95
PartiesThe STATE of Arizona, Appellee, v. Jose Emilio SUAREZ, Appellant.
CourtArizona Supreme Court

Bernard I. Rabinovitz, Tucson, for appellant.

Robert W. Pickrell, Atty. Gen., Norman E. Green, County Atty., Pima County, for appellee.

PER CURIAM.

Appellant was convicted of burglary and sentenced to an indeterminate term of 10 to 15 years. The transcript of testimony shows that prior to appellant's arrest the store which was burglarized had been checked by a police officer who found nothing wrong. About five minutes later the same police officer returning on his rounds found the glass in the door to the store broken. Appellant was inside the store with the booty in his pockets. Appellant entered a plea of not guilty and was represented by counsel at the trial.

Appellant filed his notice of appeal in propria persona and counsel was appointed by the trial court, pursuant to A.R.S. § 13-161, to handle his appeal. Counsel advised this court by written communication that he had searched the record including the transcript of testimony and has been unable to find grounds upon which an appeal could be based. This court ordered the appeal be submitted. On examination of the record and transcript we find no error.

Affirmed.

BERNSTEIN, C. J., UDALL, V. C. J., and STRUCKMEYER, JENNINGS and LOCKWOOD, JJ., concur.

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2 cases
  • State v. Suarez, 1365--2
    • United States
    • Arizona Supreme Court
    • June 19, 1970
    ...examination of the record found no error. This Court, en banc, issued a per curiam decision affirming the conviction. State v. Suarez, 95 Ariz. 95, 387 P.2d 799 (1963). Thereafter on September 23, 1969, an order was entered granting an appeal pursuant to Anders v. California, 386 U.S. 738, ......
  • Dutton, Application of
    • United States
    • Arizona Supreme Court
    • December 18, 1963
    ... ... 96 ... Application of James DUTTON, for a Writ of Habeas Corpus ... James DUTTON, Appellant, ... Frank A. EYMAN, Warden, et al., Arizona State Prison, Appellee ... Supreme Court of Arizona, In Banc ... Dec. 18, 1963 ...         James Dutton, pro. se ...         Robert W ... ...

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