STATE v. MAGNESS

No. 1 CA-CR 1612.

115 Ariz. 317 (1977)

565 P.2d 194

STATE of Arizona, Appellee, v. Dwain Leon MAGNESS, Appellant.

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

Rehearing Denied May 13, 1977.

Review Denied June 7, 1977.


Attorney(s) appearing for the Case

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

Martin, Feldhacker & Friedl by William H. Feldhacker, Phoenix, for appellant.


OPINION

DONOFRIO, Judge.

This is an appeal by defendant/appellant Dwain Leon Magness from a judgment of conviction of the crime of possessing a narcotic drug, a felony. He claims that the trial court erred in not granting his motion to suppress evidence. Defendant waived his right to a jury trial and submitted his case to the trial court on the basis of the preliminary hearing transcript. The trial court found defendant guilty of the charge and placed him...

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