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STATE v. WREN

Nos. 2 CA-CR 969, No. 2 CA-CR 973.

115 Ariz. 257 (1977)

564 P.2d 946

The STATE of Arizona, Appellee, v. James E. WREN, Appellant. The STATE of Arizona, Appellee, v. James B. SWEET, Appellant.

Court of Appeals of Arizona, Division 2.

April 27, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and Galen H. Wilkes, Asst. Attys. Gen., Phoenix, for appellee.

Flynn, Kimerer, Thinnes & Derrick by Michael D. Kimerer and Thomas V. Rawles, Phoenix, for appellant Wren.

Michael J. Vingelli, Tucson, for appellant Sweet.

OPINION

RICHMOND, Judge.

James E. Wren and James B. Sweet were found guilty after trial to the court without a jury of unlawful possession of marijuana for sale and unlawful transportation of marijuana. Wren was tried in absentia, and a bench warrant issued for his sentencing. He was not apprehended, however, and his sentencing was continued until such time as he is taken into custody. Sweet was placed on probation for five years.

Wren's appeal, in...

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