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STATE v. HERBER

No. 2 CA-CR 1259.

123 Ariz. 214 (1979)

598 P.2d 1033

The STATE OF Arizona, Appellee, v. Peter Mendoza HERBER, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 14, 1979.

Review Denied July 17, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer, III, Carol Benyi and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

Auerbach & Freeman by Roger S. Auerbach, Tucson, for appellant.

James W. Moorman, Asst. U.S. Atty. Gen. by Peter R. Steenland, Jr. and Neil T. Proto, Lawrence A. Hammond and Judith W. Wegner, Dept. of Justice, Washington, D.C., for the United States as amicus curiae.

OPINION

RICHMOND, Chief Judge.

This court originally reversed appellant's conviction of unlawful possession of marijuana for sale on the ground that his arrest on the Papago Indian Reservation by agents of the Arizona Department of Public Safety and the subsequent search of his vehicle were illegal under Francisco v. State, 113 Ariz. 427, 556 P.2d 1 (1976). On motion for rehearing...

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