STATE v. SMITH

No. 1 CA-CR 193.

12 Ariz. App. 272 (1970)

469 P.2d 838

STATE of Arizona, Appellee, v. Don Mack SMITH, Appellant.

Court of Appeals of Arizona, Division 1.

May 27, 1970.


Attorney(s) appearing for the Case

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

Ross P. Lee, Public Defender, by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.


HATHAWAY, Judge.

This appeal is from a conviction under A.R.S. § 13-919, possession of pistol by criminal, with a prior conviction. The defendant was tried to the court sitting without a jury. Upon a conviction, he was sentenced as a recidivist to imprisonment for not less than five nor more than ten years under A.R.S. § 13-1649.

On September 21, 1967, at about 6:40 p.m., Chandler police officers observed the defendant driving a 1960 Pontiac. The...

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