STATE v. DE LA OSSA

2 CA-CR 2052.

128 Ariz. 37 (1980)

623 P.2d 826

STATE of Arizona, Appellee, v. Hector David DE LA OSSA, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 14, 1981.

Review Denied February 3, 1981.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., Phoenix by Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Richard S. Oseran, Pima County Public Defender by Frank P. Leto, Tucson, for appellant.


OPINION

HOWARD, Judge.

Appellant, convicted by a jury of theft in violation of A.R.S. Sec. 13-1802 (possession of stolen property), was placed on probation by the trial court on condition that he serve 30 days in the county jail. The determinative issue is whether the trial court erred in rejecting his plea of double jeopardy. We hold that it did not and affirm.

Appellant was originally charged with three counts of theft. The second count was dismissed...

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