STATE v. GUERRERO

No. 2 CA-CR 91-0139.

173 Ariz. 169 (1992)

840 P.2d 1034

The STATE of Arizona, Appellee, v. Rene Anthony GUERRERO, Appellant.

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

Reconsideration Denied May 13, 1992.

Review Denied December 1, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Daniel J. Kiley, Phoenix, for appellee.

Harriette P. Levitt, Tucson, for appellant.


OPINION

FERNANDEZ, Presiding Judge.

Appellant was convicted of three counts, all class 2 felonies: conspiracy to sell a narcotic drug, offering to sell a narcotic drug, and transfer of a narcotic drug. The state alleged that count 1 was a prior conviction to counts 2 and 3 and that count 2 was a prior to count 3. After the jury returned with its verdicts, the court dismissed the latter allegation. The court sentenced appellant to concurrent, presumptive...

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