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STATE v. MAGALLANES

No. 2643.

110 Ariz. 235 (1973)

517 P.2d 505

STATE of Arizona, Appellee, v. Eusebio MAGALLANES, Appellant.

Supreme Court of Arizona, In Division.

December 28, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.

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

HAYS, Chief Justice.

Defendant Eusebio Magallanes pleaded guilty on December 10, 1971, to the crime of possessing heroin for sale. Sentence was suspended and he was placed on probation for four years. On September 15, 1972, a bench warrant was issued for violation of the conditions of his probation and he was arrested. His hearing was first set for September 25, but his lawyer withdrew, the public defender was appointed, and the hearing was postponed to October 5...

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