STATE v. GUTIERREZ

No. 1 CA-CR 545.

20 Ariz. App. 337 (1973)

512 P.2d 869

STATE of Arizona, Appellee, v. Ernest F. GUTIERREZ, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

July 31, 1973.


Attorney(s) appearing for the Case

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

S. Gibbons Frost, Show Low, for appellant.


HAIRE, Judge.

Defendant, Ernest F. Gutierrez, and a co-defendant were charged with possession of heroin for sale, with prior felony convictions. Upon conviction the defendant-appellant would have been exposed to a minimum sentence of not less than ten years and a maximum of life imprisonment. After all the evidence had been presented in a two day jury trial, and just prior to the time for the closing arguments, the defendant and his co-defendant, as the result of...

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