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STATE v. GUTIERREZ

No. 1 CA-CR 1629.

27 Ariz. App. 226 (1976)

553 P.2d 1211

STATE of Arizona, Appellee, v. Fred Joel GUTIERREZ, Appellant.

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

Rehearing Denied August 30, 1976.

Petition for Review Denied September 23, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Galen H. Wilkes, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by Garth V. Smith, Deputy Public Defender, Phoenix, for appellee.

OPINION

NELSON, Judge.

Following a trial to the court, Fred Joel Gutierrez (Gutierrez), was found guilty of the crime of possession of marijuana, designated as a misdemeanor. He was sentenced to a term of 90 days in the Maricopa County Jail. On appeal, only one issue is raised: did the trial court err in denying his motion to suppress the marijuana found on the front seat of the car he was driving when stopped?

On December 20, 1974, Gutierrez was stopped...

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