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STATE v. SUPERIOR COURT

No. 2 CA-CIV 2042.

25 Ariz. App. 452 (1976)

544 P.2d 276

The STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, and the Honorable Ben C. Birdsall, Judge of the Superior Court, Respondents, and Donald Edward TURNER, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

January 6, 1976.

Attorney(s) appearing for the Case

Dennis DeConcini, Pima County Atty., by Charles S. Sabalos, Deputy County Atty., Tucson, for petitioner.

John M. Neis, Pima County Public Defender, by Allen G. Minker, Asst. Public Defender, Tucson, for real party in interest.

OPINION

HATHAWAY, Judge.

Mr. Turner pled guilty to the charge of offering to sell heroin in violation of A.R.S. Sec. 36-1002.02 and was adjudged guilty thereof.1 The respondent court suspended imposition of sentence and placed Turner on probation for a period of five years. The court stated:

"The probation will commence as of this date. I have taken into consideration...

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