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STATE v. ASTORGA

No. 2 CA-CR 730.

26 Ariz. App. 133 (1976)

546 P.2d 1142

The STATE of Arizona, Appellee, v. Albert Rivera ASTORGA, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 14, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Barbara E. Fisher, Asst. Atty. Gen., Tucson, for appellee.

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

OPINION

HOWARD, Chief Judge.

Appellant was placed under surveillance by law enforcement officers in a local bar. Approximately three and one-half hours later, he was arrested and charged with possession of heroin for sale. Five papers of heroin were discovered under the seatcover of a barstool near the area where appellant had been sitting for those several hours. His fingerprints were found on two of the five papers.

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