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STATE v. FOSTER

No. 2380.

109 Ariz. 14 (1972)

504 P.2d 48

STATE of Arizona, Appellee, v. Gary Paul FOSTER, Appellant.

Supreme Court of Arizona, In Banc.

December 12, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Louis A. Moore, Jr., Asst. Atty. Gen., Phoenix, for appellee.

Anthony J. Raineri, Scottsdale, for appellant.

HAYS, Chief Justice.

Defendant, Gary Paul Foster, was charged with possession of marijuana and possession of marijuana for sale on June 9, 1970. He entered a plea of not guilty to both counts on July 6, 1970. On May 5, 1971, in response to an apparent plea bargain, defendant pleaded guilty to count two, possession of marijuana for sale, and count one was dismissed. On May 18, 1971, he was sentenced to from five to ten years.

The factual context in which the...

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