KRUCKER, Chief Judge.
The appellant, Nacho Garcia, defendant below, was convicted in the Superior Court of Pima County, Arizona and sentenced on May 8, 1963, to a term of not less than seven nor more than fifteen years. The charge was illegal possession of marijuana, with a prior conviction alleged. The case was tried before the court without a jury.
An appeal was taken to the Arizona Supreme Court and the judgment was affirmed in State v. Garcia,
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