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STATE v. CHABOLLA-HINOJOSA

No. 1 CA-CR 98-0125.

965 P.2d 94 (1998)

192 Ariz. 360

STATE of Arizona, Appellee, v. Ruben CHABOLLA-HINOJOSA, Appellant.

Court of Appeals of Arizona, Division 1.

September 3, 1998.

Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Jacquelyn B. Eskay, Assistant Attorney General Attorneys, Phoenix, for Appellee.

George A. Rouff, Yuma, for Appellant.

OPINION

NOYES, Judge.

¶ 1 Ruben Chabolla-Hinojosa ("Appellant") and another man delivered a car that was loaded with marijuana. For this conduct, Appellant was convicted of transporting marijuana for sale, importing marijuana, and possessing marijuana for sale. In answer to an issue that arose during fundamental error review, we conclude that, when the possession for sale charge is incidental to the transportation for sale charge, the former is a...

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