No. 1 CA-CR 243.

13 Ariz. App. 507 (1970)

478 P.2d 122

The STATE of Arizona, Appellee, v. Sandy SMITH, Jr., Appellant.

Court of Appeals of Arizona, Division 1.

Rehearing Denied January 28, 1971.

Review Denied March 2, 1971.

Attorney(s) appearing for the Case

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

Ross P. Lee, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.


In 1968, an information was filed accusing appellant of unlawful possession of heroin and alleging two prior convictions. He subsequently plead guilty to the charge of possession, and at the time of sentencing the allegations of prior convictions were dismissed. He was sentenced to a term of not less than four nor more than seven years imprisonment in the state penitentiary. Approximately six months after commencement of his sentence, appellant moved...

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