State v. Mikels

In State v. Mikels, 119 Ariz. 561, 582 P.2d 651 (App. 1978), the grand jury indicted the defendant for an act of sodomy which took place in a shower stall. The trial evidence showed instead, and the prosecutor argued to the jury, that the defendant committed an act of sodomy in a different location at least twelve days later than the shower stall incident alleged in the indictment. The Court vacated the judgment, finding "that appellant was not convicted of the crime for which he was indicted." Mikels, 119 Ariz. at 563, 582 P.2d at 653.