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State v. Torres

Supreme Court of Arizona
May 5, 1970
468 P.2d 926 (Ariz. 1970)

Opinion

No. 1978.

May 5, 1970.

Appeal from the Superior Court of Maricopa County; Roger G. Strand, Judge.

Gary K. Nelson, Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender, Vernon B. Croaff, former Public Defender, Anne Kappes, Deputy Public Defender, Phoenix, for appellant.


Supplemental Opinion.


Some uncertainty appears to exist in the meaning of the order and mandate of this Court reversing and remanding the above entitled case, 105 Ariz. 361, 464 P.2d 953. Hence this supplemental opinion is issued.

This Court held that there was insufficient proof by which the defendant could be found guilty of the charge upon which he was tried. The Court further stated, however, that it might be that he could be found guilty of some other criminal offense.

Obviously, the defendant cannot be retried upon the original charge. The matter was remanded to the Superior Court, not for the purpose of retrial on the original charge, but for any further proceedings in the trial court not inconsistent with the opinion and mandate of this Court heretofore issued.

McFARLAND and HAYS, JJ., concur.


Summaries of

State v. Torres

Supreme Court of Arizona
May 5, 1970
468 P.2d 926 (Ariz. 1970)
Case details for

State v. Torres

Case Details

Full title:STATE of Arizona, Appellee, v. Matias Moreno TORRES, Appellant

Court:Supreme Court of Arizona

Date published: May 5, 1970

Citations

468 P.2d 926 (Ariz. 1970)
105 Ariz. 567

Citing Cases

State v. Torres

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