STATE v. MORENO

No. 1 CA-CR 1082.

26 Ariz. App. 178 (1976)

547 P.2d 30

STATE of Arizona, Appellee, v. Ricardo G. MORENO, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied May 5, 1976.

Review Denied June 2, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer III, Chief Counsel, Teresa S. Thayes, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by Garth V. Smith, Asst. Public Defender, Phoenix, for appellant.


OPINION

FROEB, Judge.

After a trial by jury, appellant was convicted of possession of heroin for sale and placed on probation for five years. Pursuant to a warrant, obtained through information supplied by a confidential informant, the police searched appellant's apartment and found 10.5 grams of heroin. Appellant's defense to the charge was that this amount of heroin did not create a presumption of possession for sale and that the heroin did not belong to...

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