STATE v. MOLINA

No. 2 CA-CR 1121.

118 Ariz. 250 (1978)

575 P.2d 1276

The STATE of Arizona, Appellee, v. Juan Jesus MOLINA, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 14, 1978.

Review Denied March 7, 1978.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III, and Diane DeBrosse Hienton, Asst. Attys. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Frederic J. Dardis, Asst. Public Defender, Tucson, for appellant.


OPINION

RICHMOND, Chief Judge.

Appellant, sentenced to concurrent sentences of not less than five nor more than six years in the state prison for (1) possession of heroin for sale and (2) unlawful sale of heroin, attacks the constitutionality of subsections (A) and (D) of A.R.S. § 36-1002.01 and A.R.S. § 36-1002.02. He claims that these statutory provisions, which mandate service of a five-year prison term...

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