STATE v. KORTE

No. 2 CA-CR 943

115 Ariz. 517 (1977)

566 P.2d 318

The STATE of Arizona, Appellee, v. Dennis Edward KORTE, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 25, 1977.

Review Denied June 21, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, R. Wayne Ford, Asst. Attys. Gen., Phoenix, and Philip G. Urry, Asst. Atty. Gen., Tucson, for appellee.

Hirsh & Shiner, P.C. by Robert J. Hirsh, Bertram Polis, Tucson, for appellant.


OPINION

RICHMOND, Judge.

Appellant was found guilty of conspiracy to violate the state narcotics laws with a prior conviction and was sentenced to serve not less than ten nor more than twelve years in the Arizona State Prison. The pertinent facts are as follows. On February 7, 1976, Kathy Kennedy, a paid narcotics informant, approached appellant and asked if he would be interested in "doing any business." Appellant refused to discuss a possible drug deal at...

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