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STATE v. DECKER

No. 4017-PR.

119 Ariz. 195 (1978)

580 P.2d 333

STATE of Arizona, Appellee, v. Barry Daniel DECKER, Appellant.

Supreme Court of Arizona, In Banc.

May 24, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., Bruce E. Babbitt, former Atty. Gen., by William J. Schafer, III, Chief Counsel, Crim. Div., Galen H. Wilkes, Asst. Attys. Gen., Phoenix, for appellee.

Aspey, Watkins & Diesel by Louis M. Diesel, Flagstaff, for appellant.

STRUCKMEYER, Vice Chief Justice.

Appellant, Barry Daniel Decker, was convicted of possession of marijuana, a violation of A.R.S. § 36-1002.05. The Court of Appeals, Division One, 119 Ariz. 213, 580 P.2d 351 (App. 1977), affirmed the conviction and remanded for resentencing. We granted review. Opinion of the Court of Appeals vacated.

The facts are not in dispute. On January 19, 1976...

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