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STATE v. TELLEZ

No. 1 CA-CR 88-1400.

165 Ariz. 381 (1989)

799 P.2d 1

STATE of Arizona, Appellee, v. George Luis TELLEZ, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Supplemental Opinion April 5, 1990.

Reconsideration of Supplemental Opinion Denied May 17, 1990.

Review Denied November 6, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Criminal Div., and Georgia B. Ellexson, Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Paul C. Klapper, Phoenix, for appellant.

OPINION

GERBER, Judge.

This case presents the issue of whether the fine provision found in A.R.S. § 13-3408 is mandatory for defendants convicted under A.R.S. § 13-1002 for solicitation to sell narcotic drugs.

FACTS

Appellant George Luis Tellez (defendant) attempted to sell cocaine to an undercover police officer and was arrested. The state charged him by indictment with conspiracy to sell narcotic drugs and with the sale of narcotic...

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