OPINION
HATHAWAY, Judge.
Appellant was originally convicted of sale of heroin but before sentencing the court granted his motion for a new trial. The second trial ended in a mistrial on June 13, 1975. A third trial was scheduled for August 7, 1975. On July 23, the prosecutor moved for a continuance because he would be on vacation August 7. The trial was postponed until August 18, 1975. Appellant was again convicted of sale of heroin. Appellant now contends...
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