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STATE v. HARRIS

No. 2 CA-CR 607.

25 Ariz. App. 76 (1975)

541 P.2d 402

The STATE of Arizona, Appellee, v. Kim D. HARRIS, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 26, 1975.

Review Denied December 23, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Jack L. Lansdale, Jr., Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender, by Kenneth J. Peasley, Asst. Public Defender, Tucson, for appellant.

OPINION

HATHAWAY, Judge.

Appellant claims the trial court erred in denying his motion to dismiss pursuant to Rule 8, Rules of Criminal Procedure, 17 A.R.S. We think his contention has merit and we reverse.

Appellant had his initial appearance on June 16, 1974. On June 24, the grand jury returned a two-count indictment against appellant, charging him with the unlawful possession of marijuana for sale and the unlawful offer to sell marijuana. Appellant...

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