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STATE v. STADIE

No. 2987.

112 Ariz. 196 (1975)

540 P.2d 668

The STATE of Arizona, Appellee, v. Harry STADIE, Appellant.

Supreme Court of Arizona, In Division.

Rehearing Denied October 21, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Galen H. Wilkes, Asst. Atty. Gen., Phoenix, for appellee.

W. Edward Morgan, Tucson, for appellant.

CAMERON, Chief Justice.

This is an appeal by defendant, Harry Stadie, from a sentence of 5 to 8 years for transportation of marijuana, without possibility of parole for three years pursuant to A.R.S. § 36-1002.07 and from the denial of defendant's motion for reconsideration of the sentence.

We must answer the following questions on appeal:

1. Do the provisions of A.R.S. § 36-1002.07 providing for a minimum of three years without parole violate...

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