HAYS, Justice.
Jeryl La Rue Smith was found guilty of the crime of possession of heroin and sentenced to serve a term of not less than three nor more than ten years in the Arizona State Prison. He appeals from the judgment and sentence, and we take jurisdiction of the case pursuant to Rule 47(e)(5), Rules of the Supreme Court.
The case was submitted to the trial court upon the transcripts of the preliminary hearing upon stipulation of counsel and after a hearing...
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