STATE v. SMITH

No. 2 CA-CR 1376.

121 Ariz. 345 (1978)

590 P.2d 461

The STATE of Arizona, Appellee, v. Cloviel SMITH, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 27, 1978.

Review Denied January 23, 1979.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

John R. Perry, Jr., Prescott, for appellant.


OPINION

RICHMOND, Chief Judge.

Cloviel Smith, Jr., appeals from his conviction of possession of heroin for sale, A.R.S. § 36-1002.01, on two grounds. First, he contends his motion to suppress should have been granted. Second, he maintains that he was wrongfully denied a pre-trial hearing on the issue of whether irreconcilable differences had developed which rendered his counsel unable to offer him effective assistance.

The state argues that the...

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