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STATE v. NICHOLS

No. 2 CA-CR 755.

26 Ariz. App. 455 (1976)

549 P.2d 235

The STATE of Arizona, Appellant, v. John N. NICHOLS, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 15, 1976.

Review Denied July 20, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., Dennis DeConcini, Pima County Atty. by Frank W. Frey, Deputy County Atty., Tucson, for appellant.

Hirsh, Shiner & Polis, P.C. by Jeffrey W. Hanes, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

Appellee was indicted for unlawful possession of cocaine. This is an appeal by the State from the granting of appellee's motion to suppress.

The cocaine was found upon appellee's person, after a stop and frisk revealed that appellee was carrying a concealed weapon. It is clear from the suppression order that the trial court was of the opinion that the police had no reasonable grounds to believe that appellee was armed and...

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