STATE v. MAYES

No. 2 CA-CR 332.

21 Ariz. App. 87 (1973)

515 P.2d 1185

The STATE of Arizona, Appellee, v. Robert Earl MAYES, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 19, 1973.

Review Granted January 22, 1974.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by John S. O'Dowd and Howard L. Fell, Asst. Attys. Gen., Tucson, and Frank Leto, Certified Third Year Law Student under Rule 25e, for appellee.

Ed Bolding, Pima County Public Defender by Wm. G. Lane and Richard Van Duizend, Asst. Public Defenders, Tucson, for appellant.


OPINION

HOWARD, Judge.

On July 12, 1972, appellant-defendant, Robert Earl Mayes, was arrested by two Tucson Police Officers and charged with unlawful possession of dangerous drugs. The facts leading to the arrest taken in the light most favorable to the State are as follows. The officers were walking through Himmel Park when they noticed the defendant who was seated and smoking a hand rolled cigarette. Thinking this cigarette might contain marijuana, the officers...

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