No. 2 CA-CR 2265.

130 Ariz. 332 (1981)

636 P.2d 110

The STATE of Arizona, Appellant, v. Donald Edward GATES, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 2, 1981.

Review Denied September 29, 1981.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Kevin Miniat, Deputy County Atty., Tucson, for appellant.

Walter B. Nash III, P.C. by Thomas G. Goddard, Tucson, for appellee.


HOWARD, Judge.

On August 19, 1980, the Pima County Grand Jury indicted appellee for attempting to obtain or procure narcotics by fraud or deceit in violation of A.R.S. § 13-1001 and § 36-1017, as amended. On November 17, 1980, appellee moved the court to dismiss the indictment on the ground that A.R.S. § 36-1017, as amended, was repealed on July 1, 1980. The trial court granted the motion to dismiss. The state contends the trial court...

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