STATE v. CASTELLANO

No. 2 CA-CR 89-0316.

162 Ariz. 461 (1989)

784 P.2d 287

The STATE of Arizona, Appellee, v. Manuel A. CASTELLANO, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

As Corrected December 7 and December 13, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica Gifford Funkhouser and Jack Roberts, Phoenix, for appellee.

Dickerson and Rheinheimer by Edward G. Rheinheimer, Sierra Vista, for appellant.


OPINION

HOWARD, Judge.

Appellant was convicted by the court, sitting without a jury, of knowingly possessing cocaine, a class 4 felony. Sentence was suspended and appellant was placed on four years' probation and fined $2,000 plus a 37 percent surcharge of $740, payable in monthly installments.

FACTS AND PROCEDURE

At approximately 9:00 p.m. on November 5, 1988, Officer William C. McRaney from the Department of Public Safety (DPS) was traveling...

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