Court of Appeals of Arizona September 18, 1981, No. 2 CA-CR 2257 (State v. Peyatt)

OPINION ON REHEARING

HOWARD, Judge.

Although not raised by appellant in his motion for rehearing, we believe that we were incorrect in our analysis in the case of Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979). The following decision is substituted for our decision filed June 25, 1981.