STATE v. JENSON

Nos. 1 CA-CR 3343, 1 CA-CR 3345.

123 Ariz. 72 (1979)

597 P.2d 554

STATE of Arizona, Appellee, v. Gregory JENSON, Appellant.

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

Rehearing Denied June 18, 1979.

Review Denied July 10, 1979.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by Georgia B. Ellexson, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Joel M. Glynn, Deputy Public Defender, Phoenix, for appellant.


OPINION

HAIRE, Judge.

On this appeal from the revocation of his probation, defendant contends that A.R.S. § 36-1002.02E (Laws 1976, Ch. 111, § 12) is unconstitutional because it violates the due process principles established by the United States Supreme Court in Gagnon v. Scarpelli, 411 U.S. 788, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).

The defendant had previously been convicted of two separate charges involving the sale of heroin in...

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