STATE v. POST

No. 4397.

121 Ariz. 579 (1979)

592 P.2d 775

STATE of Arizona, Appellee, v. Richard M. POST, Appellant.

Supreme Court of Arizona, In Banc.

March 16, 1979.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., John A. LaSota, Jr., Former Atty. Gen., William J. Schafer, III, Chief Counsel, Criminal Division, Gerald R. Grant, Asst. Attys. Gen., Phoenix, for appellee.

Cohen, Gerst, Groseclose & Meissner by David A. Groseclose, Phoenix, for appellant.


GORDON, Justice:

Defendant Richard Milton Post appeals his conviction and sentence for possession of marijuana, a violation of A.R.S. § 36-1002.05. Taking jurisdiction pursuant to 17A A.R.S., Supreme Court Rules, rule 47(e)5, we reverse the decision of the Superior Court.

Defendant waived trial by jury and was tried to the court. Finding defendant guilty as charged, the court sentenced him to a term of 60 days...

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