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STATE v. BYERS

No. 1 CA-CR 4415-PR.

126 Ariz. 139 (1980)

613 P.2d 299

STATE of Arizona, Respondent, v. Mathew Ray BYERS, Petitioner.

Court of Appeals of Arizona, Division, Department B.

Rehearing Denied June 5, 1980.

Review Denied July 1, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, Asst. Atty. Gen. and Charles F. Hyder, Maricopa County Atty. by Sandra L. Janzen, Deputy County Atty., Phoenix, for respondent.

Steven L. Parker, Phoenix, for petitioner.

OPINION

HAIRE, Judge.

Petitioner pled guilty on October 5, 1978 to sale of a narcotic drug (heroin) with two prior convictions in violation of A.R.S. §§ 36-1002.02 and 36-1002.10. He was sentenced to a term of imprisonment of not less than 10 years nor more than 10 years and 1 day. On direct appeal, the judgment and sentence were affirmed by this Court. State v. Byers, 1 CA-CR 3809 (memorandum decision filed May 15, 1979).

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