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STATE v. BOLLANDER

No. 3003.

112 Ariz. 35 (1975)

537 P.2d 22

The STATE of Arizona, Appellee, v. Peter Thomas BOLLANDER, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 16, 1975.

Attorney(s) appearing for the Case

N. Warner Lee, Former Atty. Gen., Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III and Shirley Frondorf, Asst. Attys. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Frederic J. Dardis, Asst. Public Defender, Tucson, for appellant.

CAMERON, Chief Justice.

This is an appeal from a judgment of guilt and suspension of sentence, with five years probation, for the unlawful sale of a narcotic drug, hashish, in violation of A.R.S. § 36-1002.02.

We are to determine:

1. whether the retrial of the appellant violated the constitutional guarantee against double jeopardy, and 2. whether, if the State could retry the appellant, the elapsed time between the commission of the...

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