STATE v. SMITH

No. 2963-2.

112 Ariz. 416 (1975)

542 P.2d 1115

STATE of Arizona, Appellee, v. Phillip Loyd SMITH, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied December 23, 1975.


Attorney(s) appearing for the Case

N. Warner Lee, Former Atty. Gen., Bruce E. Babbitt, Atty. Gen. by R. Wayne Ford, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by H. Allen Gerhardt, Jr., Deputy Public Defender, Phoenix, for appellant.


STRUCKMEYER, Vice Chief Justice.

Appellant Phillip Loyd Smith pled guilty on December 26, 1972 to a charge of illegally selling marijuana. On April 2, 1973, the trial court deferred sentencing and placed him on probation for five years. Subsequently, at a probation revocation hearing held on March 18, 1974, it was determined that he had violated the conditions of his probation. The trial court reinstated probation but also, pursuant to A.R.S. § 13-1657, sentenced...

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