Nos. 1 CA-CR 3225, 1 CA-CR 3226.

122 Ariz. 196 (1979)

593 P.2d 946

STATE of Arizona, Appellee, v. Donald James GUENTHER, Appellant.

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

Rehearing Denied April 4, 1979.

Review Denied April 24, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, Georgia B. Ellexson, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Terry J. Adams, Deputy Public Defender, Phoenix, for appellant.


EUBANK, Presiding Judge.

On April 24, 1975, following appellant's waiver of a jury trial and submission of a stipulated record to the court, appellant was found guilty of possession of heroin. This case was Maricopa County Superior Court No. CR-85645. The judgment was entered on May 30, 1975, imposition of sentence was suspended, and appellant was placed on probation for a period of five (5) years.

On August 11, 1976, in another court-tried...

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