STATE v. ALTIERI

No. CR-96-0668-PR.

951 P.2d 866 (1997)

191 Ariz. 1

STATE of Arizona, Appellee, v. Dominic Joseph ALTIERI, Jr., aka James Lee Miller, aka Jerry R. Eskin, Appellant.

Supreme Court of Arizona, En Banc.

December 23, 1997.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Phoenix, Christopher E. Avery, Assistant Attorney General, Tucson, for Appellee.

Polis & Hartshorne, P.C. by Bertram Polis, Tucson, for Appellant.


OPINION

MOELLER, Justice.

FACTS AND PROCEDURAL HISTORY

¶ 1 Defendant Dominic Joseph Altieri ("defendant") was tried in absentia and found guilty by a jury of transportation of marijuana for sale and possession of marijuana for sale, both class two felonies. He was sentenced to concurrent, presumptive five-year prison terms. The facts leading to his convictions follow.

¶ 2 On October...

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