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STATE v. WIDMER

No. 1 CA-CR 1782.

116 Ariz. 415 (1977)

569 P.2d 845

STATE of Arizona, Appellee, v. David Ellsworth WIDMER, Appellant.

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

Supplemental Opinion August 9, 1977.

Rehearing Denied September 14, 1977.

Review Denied October 4, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Anne W. Kappes, Deputy Public Defender, Phoenix, for appellant.

OPINION

WREN, Judge.

The defendant, David Widmer, was found guilty of the crime of possession of marijuana, after a submission of the matter to the court on the basis of the preliminary hearing transcript and departmental report. He was given five years probation, with the condition that he be committed to the Department of Corrections for 180 days. On appeal, defendant urges that his submission on the record was tantamount to a guilty plea and was not, therefore...

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