STATE v. MORENO

No. 2454.

109 Ariz. 266 (1973)

508 P.2d 730

STATE of Arizona, Appellee, v. Fernando Soza MORENO, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 8, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by Howard L. Fell, Asst. Atty. Gen., Tucson, for appellee.

Edward P. Bolding, Pima County Public Defender, by William H. Callaway, Deputy Public Defender, Tucson, for appellant.


HOLOHAN, Justice.

Fernando Soza Moreno entered a plea of guilty to a charge of sale of heroin in violation of A.R.S. § 36-1002.02. He appeals his conviction and sentence of 8 to 10 years in the State Prison raising one issue: Was the sentence excessive in light of the fact that a witness at a mitigation hearing testified that Moreno would be accepted in a drug rehabilitation program if probation were ordered?

We have held that in determining what sentence...

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